Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot ; if so, it is for one of these offences that they are usually charged.

Whether or not a concealment of such an asset should also be considered for prosecution as fraud and / or perjury would then be at the discretion of the judge and / or U. S. Trustee.

The Blockburger test, originally developed in the multiple punishments context, is also the test for prosecution after conviction.

In addition to showing that the waiver was " voluntary ", the prosecution must also show that the waiver was " knowing " and " intelligent ".

It is a pre-trial diet to enable the court to be advised whether both parties, the prosecution and the defence, are ready to proceed to trial and may also deal with ancillary procedural matters.

The lack of compulsory prosecution also gives prosecutors greater discretion as well as the inability of crime victims to mount a private prosecution and their limited ability to influence plea agreements.

It also included Germany's demilitarisation, reparations and the prosecution of war criminals.

Sometimes, it is the event itself that is the subject of the suit or prosecution ( such as a crime or personal injury ), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial " repressed memory " cases where someone discovers memories of childhood sexual abuse long afterwards.

Charges of culpable homicide and assault were also considered, but because the killing occurred in 1977, the time limit for prosecution had expired.

Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution.

The right to confront and cross-examine witnesses also applies to physical evidence ; the prosecution must present physical evidence to the jury, providing the defense ample opportunity to cross-examine its validity and meaning.

" The TVPA also " created new law enforcement tools to strengthen the prosecution and punishment of traffickers, making human trafficking a Federal crime with severe penalties.

It also asserts that the harm caused by the prevention or prosecution of these activities is often far greater than any harm caused by the activities themselves, and would justify repeal of these laws on the same harm reduction grounds that were originally used to justify them.

It also implemented the " crash " program to develop the hydrogen bomb, and played key roles in the prosecution of the Rosenbergs for espionage.

The monarch, and by extension the governor general, also grants immunity from prosecution, exercises the Royal Prerogative of Mercy and may pardon offences against the Crown, either before, during, or after a trial.

The Big Swords relentlessly hunted the bandits, but the bandits converted to Catholic Christianity, gaining them legal immunity from prosecution and also placed them under the protection of the foreigners.

Kalam was also criticized for inaction as a president on the pending mercy plea petitions, that delayed prosecution of the convicts.

The investigation of incest allegations in California was also changed, with cases led by social workers using leading and coercive interviewing techniques avoided by police investigators, and alterations to the prosecution of these cases that resulted in a greater number of confessions in exchange for plea bargains from fathers.

But the prosecution was also in no hurry.

The prosecution also accused Asahara of masterminding the Matsumoto incident and the Sakamoto family murder.

In addition, members of law enforcement entities are also allowed to commit justified homicides within certain parameters which, when met, do not usually result in prosecution ; see deadly force.

) and may also infer a duty on other motorists to move out of the direction of passage of the fire vehicle ( or face possible prosecution ).

A correctional system, also known as a penal system, thus refers to a network of agencies that administer a jurisdiction's prisons and community-based programs like parole and probation boards ; this system is part of the larger criminal justice system, which additionally includes police, prosecution and courts.

The Kingsmen's edition was also the subject of an FBI investigation about the supposed but non-existent obscenity of the lyrics, an investigation that ended without prosecution.

In a court proceeding, a witness may be called ( requested to testify ) by either the prosecution or the defense.

United States President James Buchanan personally requested prosecution of the group ( now referred to by sympathetic parties as " the Rescuers "), and 37 of them were indicted.

At noon on 29 September 1979, the Tribunal delivered its sentences, which were more severe than what the prosecution had requested.

The term comes from the U. S. Supreme Court case, Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.

In June 1997, they requested ballistic tests on the spent cartridges found in the graves ; the ballistic material was reported as " lost " by the prosecution service and did not resurface until February 2000.

On October 26, 2007, Richey's counsel requested that the prosecution provide an account of what they intend to prove at trial, and applied for funds to hire an investigator and a mitigation expert, to be used only if Richey was re-convicted on death penalty charges and his case proceeded to the penalty phase.

The prosecution requested that the Court impose the maximum statutory penalty, saying, " We hope that this sentence of 30 years will not only punish Stewart for her actions, but serve as a deterrent for other lawyers who believe that they are above the rules and regulations of penal institutions or otherwise try to skirt the laws of this country.

Judge Koeltl refused both to impose the 30-year sentence proposed by the prosecution or to waive jail time entirely as Stewart had requested.

* In January, the Justice Department requested the resignation of U. S. Attorney Carol Lam, who led the corruption prosecution of Cunningham.

Before the prosecution announced their sentencing recommendation, Bakir accused the prosecution team ( chief prosecutor Ida Bagus Wiswantanu ) of seeking a bribe to reduce the requested sentence.

Speer requested an explanation from Wolters, and Wolters admitted the censorship by letter in January 1970, saying, " I wouldn't have put it past the Ludwigsbergern < nowiki > war crimes prosecutors </ nowiki > to launch an additional prosecution against you on the pretext that this charge < nowiki > evicting the Jews </ nowiki > was not included in the Nuremberg Indictment.

Under the Framework Decision, member states are precluded from refusing the surrender of their own nationals wanted for the purposes of prosecution, but they may condition the surrender of a requested person on his or her being returned to the issuing state to serve any sentence ultimately imposed.

* the prosecutorial authorities in the executing state decided not to prosecute the requested person, or having begun such a prosecution halted it,

Although the prosecution agreed that all the contacts between the two were public as part of Mohamad Kana ' neh's political activity, the state requested a 6 years sentence.

Facing a prosecution which has demanded the death penalty, he said: ' I have participated in the war against Communism in Korea and at Dienbienphu, and I have helped in the evacuation of North Vietnamese to the free world.

This first statement of the previously uncodified rules and articles of war led to the first prosecution for war crimes — in the case of United States prisoners of war held in cruel and depraved conditions at Andersonville, Georgia, in which the Confederate commandant of that camp was tried and hanged, the only Confederate soldier to be punished by death in the aftermath of the entire Civil War.

The main target of the prosecution was Hermann Göring ( at the left edge on the first row of benches ), considered to be the most important surviving official in the Third Reich | Third Reich after Adolf Hitler | Hitler's death.

* In Alexandre Dumas ' The Three Musketeers, d ' Artagnan escapes prosecution for the death of Milady by means of an ambiguously worded lettre de cachet given to Milady for her own use by the Cardinal de Richelieu.

Huygens feared that Cosmotheoros would lead to his prosecution or even death, so it was published posthumously in 1698.

The private investigator Jeff Katz, who was hired by Calvi's family in 1991 to look into his death, claimed it was likely that senior figures in the Italian establishment had escaped prosecution.

In October 1660, at Charing Cross or Tyburn, London, ten were publicly hanged, drawn and quartered: Thomas Harrison, John Jones, Adrian Scroope, John Carew, Thomas Scot, and Gregory Clement, who had signed the king's death warrant ; the preacher Hugh Peters ; Francis Hacker and Daniel Axtell, who commanded the guards at the king's trial and execution ; and John Cooke, the solicitor who directed the prosecution.

Calley's original defense that the death of the villagers was the result of an accidental helicopter or aerial airstrike was quashed by the few prosecution witnesses.

Beginning with the capture of an agent named Owens, codenamed Snow, MI5 began to offer enemy agents the chance to avoid prosecution ( and thus the possibility of the death penalty ) if they would work as British double-agents.

It was then reported that Mr. Panitz, having been issued a first-degree murder warrant for the death, was trying to flee to Canada to avoid prosecution.

" To hold otherwise ," wrote Froessel, J, " would be to say that a man may freely indulge himself in liquor in the same hope that it will not affect his driving, and if it later develops that ensuing intoxication causes dangerous and reckless driving resulting in death, his unconsciousness or involuntariness at that time would relieve him from prosecution "

The ensign escapes any prosecution in Desdemona's death, but engages in other crimes and dies after being tortured.

In a separate prosecution, Orchard was convicted and sentenced to death.

Although the prosecution had sought the death penalty, the jury refused that option.

Her prosecution was controversial due to statistical evidence presented by pediatrician Professor Sir Roy Meadow, who testified that the chance of two children from an affluent family suffering sudden infant death syndrome was 1 in 73 million, which was arrived at by squaring 1 in 8500 for likelihood of a cot death in similar circumstance.

The prosecution was controversial due to the involvement of the pediatrician Professor Sir Roy Meadow, former Professor of Pediatrics at the University of Leeds, who testified at Clark's trial that the chance of two children from an affluent family suffering cot death was 1 in 73 million.

After the death of Takeda Shingen in the spring of 1573, Nobutomo continued to support his son, Takeda Katsuyori, in the prosecution of his campaigns.

During closing, the prosecution thundered " If you don't give these men death sentences, the electric chair might as well be abolished.

The prosecution agreed that 12-year-old Roy Wright was too young for the death penalty and did not seek it.

The defense countered that they had received numerous death threats, and the Judge replied that he and the prosecution had received more from the Communists.

In this film, Bai depicted an oversea Chinese painter who returned to China in order to devote his life to his motherland but ended up suffering the political prosecution and death.

Stone successfully learned ancient Greek and wrote a book about the prosecution and death of Socrates, The Trial of Socrates, in which he argued that Socrates wanted to be sentenced to death in order to shame the Athenian democracy, which he despised.

The facts are that Veprik spent four years in a prison camp and Mieczysław Weinberg, who was released in June 1953, had been saved from prosecution, and probably from execution, only because of Stalin's death.