The prosecution successfully countered that Kreiser ( and Ossietzky, as his editor ) should have known that the reorganization was a state secret when he questioned the Ministry of Defense on the subject of Abteilung M and the ministry refused to comment on it.

The prosecution countered that the timing was driven by the schedules of different courts that handled the cases.

The prosecution countered with testimony that some of the quotes in the affidavits were untrue, and further that six of the people quoted were dead.

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.

The prosecution argued that the Party endorsed a violent overthrow of the government ; but the defendants countered that they advocated for a peaceful transition to socialism, and that the First Amendment's guarantee of free speech and association protected their membership in a political party.

The defense argued that Bremer was a schizophrenic and legally insane at the time of the shooting, and that he had " no emotional capacity to understand anything ", but the jury rejected this argument after the prosecution countered that he was perfectly sane.

The prosecution countered that an individual's right to privacy is unrelated to a company's right to commercial distribution.

His defense team countered that the real motives behind the government's prosecution of Ibrahim and his assistants was his outspoken criticism of President Hosni Mubarak and his administration.

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 allowed the guilty plea only with a simultaneous protestation of innocence as there was enough evidence to show that the prosecution had a strong case for a conviction, and the defendant was entering such a plea to avoid this possible sentencing.

Bogers and Fijneman were charged with distributing a scheduled substance ( DMT ); however, the prosecution was unable to prove that the use of ayahuasca by members of the Santo Daime constituted a sufficient threat to public health and order that it warranted denying their rights to religious freedom under ECHR Article 9.

In her speech at the 2000 Conservative conference, she called for a zero tolerance policy of prosecution, albeit with only £ 100 fines as the punishment, for users of cannabis.

The prosecution tried to present the poster to the jury in isolation for consideration as obscene material, but Judge Susan Isacoff ruled that the poster must be considered along with the music and lyrics.

Durán Ballén's vice president, Alberto Dahik, was the architect of the administration's economic policies, but in 1995, Dahik fled the country to avoid prosecution on corruption charges following a heated political battle with the opposition.

These cuts would be made to ensure that activities accorded a higher priority, such as peacekeeping operations in the Sinai Peninsula and Iraq, officer cadet training with the New Zealand Defence Forces, and the prosecution of soldiers charged with mutiny, would not be affected, Rabukawaqa said.

On 13 April 2005, Fiji's Prime Minister, Laisenia Qarase, rejected criticism from Australia and some other countries over the prosecution and imprisonment of two foreigners charged with committing homosexual acts, which are illegal in Fiji, and said that other countries needed to respect Fiji's independence.

The senators were left with only one constitutional response – to threaten prosecution after Tiberius's term as a tribune ended.

For example if a person is charged with speeding, in a hypothetical case the prosecution has to prove that the person was the driver of the motor vehicle and that it was being driven in excess of the proper speed without any lawful excuse.

The voir-dire is usually set with 16 prospective jurors, which the prosecution and defense may dismiss the 6 persons they do not desire to serve on the jury.

This lack of status can range from non-recognition of a union to political or criminal prosecution of union activists and members, with many cases of violence and deaths having been recorded both historically and contemporarily.

Determining whether a particular event or proceeding constitutes the commencement of adversarial criminal proceedings requires both an examination of the rules of criminal procedure for the jurisdiction in which the crime is charged and the Supreme Courts cases dealing with the issue of when formal prosecution begins.

Any unregulated person who provides care with ' restricted acts ' in regulated provinces or territories is practicing midwifery without a license and is subject to investigation and prosecution.

While prosecution often led to a counterattack ( or was a counterattack itself ), no such response was possible in the case of ostracism as responsibility lay with the polity as a whole.

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.

Westerfield, who continued to maintain his innocence, said that the prosecution approached the defense with the suggestion, and his lawyers simply listened to the offer.

The burden is on the prosecution to prove that all waivers of the defendant's rights complied with due process standards.

Virtually all jurisdictions hold that defense counsel need not discuss with defendants the collateral consequences of pleading guilty, such as consecutive sentencing or even treatment as an aggravating circumstance in an ongoing capital prosecution.

Religious beliefs were deeply instilled in the people of the time, which gave much influence to the clergy, and the prosecution of poets who made statements contradictory to religious messages were prevalent, as was the case with Hafiz ( whose house was raided several times, and was forced to burn some of his more liberal poems ) and Ferdowsi ( who was branded a heretic and was not permitted to be buried in the Muslims graveyard ).

On January 7, Clemens filed a defamation lawsuit against McNamee, claiming that the former trainer lied after being threatened with prosecution.

On 25 March 2006, with the election of Liberian President Ellen Johnson-Sirleaf, Nigerian President Olusegun Obasanjo permitted transfer of Charles Taylor, who had been living in exile in the Nigerian coastal town of Calobar, to Sierra Leone for prosecution.

The presiding judge, John T. Raulston, was accused of being biased towards the prosecution and frequently clashed with Darrow.

Overwhelmingly, the butt of these jokes was the prosecution and those aligned with it: Bryan, the city of Dayton, the state of Tennessee, and the entire South, as well as fundamentalist Christians and anti-evolutionists.

That year, the two countries reached an agreement for the prosecution or return of the hijackers and the aircraft to each other's country.

By June 2003, the lower house of Parliament announced that President Akayev and two other " puppet " leaders of Kyrgyzstan, from the Soviet era, would be given lifetime immunity from prosecution, raising the prospect of Akayev finally stepping down.

Common law legal system might have a statute, for example, limiting the time for prosecution of a debt or crimes designated as misdemeanors to two years after the offense occurred.

The two sides brought in the biggest names in the nation, William Jennings Bryan for the prosecution and Clarence Darrow for the defense, and the trial was followed on radio transmissions throughout America.

The original prosecutors were Herbert E. and Sue K. Hicks, two brothers who were local attorneys and friends of Scopes, but the prosecution would be ultimately led by Tom Stewart, a graduate of Cumberland School of Law, who later became a U. S. Senator.

Wilde's two final comedies, An Ideal Husband and The Importance of Being Earnest, were still on stage in London at the time of his prosecution, and they were soon closed as the details of his case became public.

The prosecution rested their case on November 10, while dropping two out of the six charges against Guandique: sexual assault and murder associated with that assault.

The prosecution dropped two more charges because the statute of limitations had passed: kidnapping and attempted robbery.

The incident strained relations between the United States and Japan, and resulted in the arrest and prosecution of two senior executives, as well as the imposition of sanctions on the company by both countries.

Furthermore, such a dissociation makes the prosecution of bribery offences easier since it can be very difficult to prove that two parties ( the bribe-giver and the bribe-taker ) have formally agreed upon a corrupt deal.

Though the initial charges featured allegations of Satanic abuse and a vast conspiracy, these features were dropped relatively early in the trial and prosecution continued only for non-ritual allegations of child abuse against only two individuals.

However, gang leader Lenny Murphy and his two chief " lieutenants " escaped prosecution.

This result flowed from Orchard's having turned state's evidence and having become the prosecution's star witness against Big Bill Haywood and two other leaders of the Western Federation of Miners whom the prosecution alleged had masterminded Steunenberg's assassination.

Though the county prosecutor declined to prosecute, the two employees sued and won a resulting civil suit against the fire department for false-light and malicious prosecution claims that totaled more than $ 1 million.

Due to some of the circumstances of the prosecution and the underlying situation at the hospital, a special prosecutor with the Texas Attorney General's office became involved after the criminal prosecution against the two nurses ended.

His editorials against church elders led to libel suits and a prosecution which resulted in imprisonment for two months, but he became a champion of the liberal movement upon his release.

The prosecution offered two Sibylline prophecies in support of the final verdicts.

At the time, all homosexual acts between men were illegal, and the clients faced social ostracism, prosecution, and at worst, two years ' imprisonment with hard labour.

At his trial the following January, the prosecution produced documents showing that Haddon's enlistment papers, marriage certificate, officer's commission, demobilisation papers and employment records all showed he was born in or before 1887, at least two years before Albert Victor met Mrs. Haddon.

During the trial, all six witnesses of the prosecution were rebuffed, none of them telling the same story-four of them had repeatedly changed their testimonies during the trial, while the remaining two had presented testimonies that contradicted all known forensic evidence, suggesting that they had very little involvement with the case.

During what was at the time the costliest and longest trial in American history, totaling more than half a million dollars, ($ 9, 000, 000 in 2008 dollars ) the prosecution presented 46 witnesses, including two of Toguri's former supervisors at Radio Tokyo, and soldiers who testified they could not distinguish between what they had heard on radio broadcasts and what they had heard by way of rumor.

In the United States child support enforcement is also handled largely at the state level, but non compliant parents who meet certain criteria, such as traveling across state lines to circumvent orders or owing more than two years of support payments, may be subjected to federal prosecution under the Federal Deadbeat Punishment Act.