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Shadow Defense
A shadow defense is a legal defense that cannot be sustained on its own merits but opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit. A "shadow defense" also may refer to a tactic by defending counsel that is not expected to be successful as a matter of law; it is, instead, a pretext for bringing information into the court that would otherwise be irrelevant and therefore inadmissible. An insanity defense might be used to present evidence about a person's troubled childhood, for instance, or a defendant might claim self-defense or duress in order to present evidence about an abusive relationship that nonetheless did not present an imminent mortal danger to the defendant. An entrapment defense opens the door to presenting evidence about the behavior of police and informants. It is reversible error for a trial court to refuse a jury instruction on a theory of defense after a defendant makes a threshold show ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Defense
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. Sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Nullification
Jury nullification, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. It has been commonly used to oppose what jurors perceive as Rule according to higher law, unjust laws, such as those that once penalized runaway slaves under the Fugitive slave laws in the United States, Fugitive Slave Act, prohibited alcohol during Prohibition in the United States, Prohibition, or criminalized Vietnam War draft, draft evasion during the Vietnam War. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the Double jeopardy, retrial of the accused for the same offense, even if new Evidence (law), evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative Defense (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation (legal), provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the Justification (jurisprudence), justification of Self-defense, self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil case, civil finding in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of Force (law), force in times of danger is available in many jurisdictions. Physical Physical self-defense is using physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many martial arts styles are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts teach how to escape from a knife or gun situation or how to break away from a punch, while others teach how to attack. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the optio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entrapment
Entrapment is a practice in which a law enforcement agent or an agent of the state induces a person to commit a crime that the person would have otherwise been unlikely or unwilling to commit.''Sloane'' (1990) 49 A Crim R 270. See also agent provocateur In US law, it is defined as "the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent". Police conduct rising to the level of entrapment is broadly discouraged and thus, in many jurisdictions, is available as a defense against criminal liability. Sting operations, through which police officers or agents engage in deception to try to catch persons who are committing crimes, raise concerns about possible entrapment. Depending on the law in the jurisdiction, the prosecution may be required to prove beyond a reasonable doubt that the defendant was not entrapped or the defend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reversible Error
In United States law, a reversible error is an error of sufficient gravity to warrant reversal of a judgment on appeal. It is an error by the trier of law (judge), or the trier of fact (the jury, or the judge if it is a bench trial), or malfeasance by one of the trying attorneys, which results in an unfair trial. It is to be distinguished from harmless errors which do not rise to a level which brings the validity of the judgment into question and thus do not lead to a reversal upon appeal. Reversible error criteria A finding of reversible error requires that one or more of the appellant's "substantial rights" be affected, or the evidence in question be of such character as to have affected the outcome of the trial. (See e.g., Montana Petroleum Tank Release Compensation Bd. v. Crumley's, Inc.', 174 P.3d 948 (Mont. 2008).) The criteria for determining what constitutes a "substantial right" is somewhat vague, however, being that it varies from case to case, each presenting a slight ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instruction
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries. The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial. Content of jury instructions Jury instructions often cover the following issues: *Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jury's role in the legal system. *Explanation of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Defense Lawyer
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the Defense (legal), defense of individuals and companies charged with Criminal law, criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent Poverty, indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from country to country. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case. United States In the Law of the United States, United States, criminal defense lawyers deal with the issues surrounding an arrest, a criminal investigation, criminal charges, Sentence (law), sentencing, appeals, and post-trial issues. Criminal defense lawyers strive to minimize the harsh consequences of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
