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Examining Magistrate
An examining magistrate is a judge in an inquisitorial system of law who carries out pre- trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate, inquisitorial magistrate, or investigating judge, the exact role and standing of examining magistrates varies by jurisdiction. Common duties and powers of the examining magistrate include overseeing ongoing criminal investigations, issuing search warrants, authorizing wiretaps, making decisions on pretrial detention, interrogating the accused person, questioning witnesses, examining evidence, as well as compiling a dossier of evidence in preparation for trial. Investigating judges in France have an important role in the French judiciary. They are also a feature of the Spanish, Dutch, Belgian and Greek criminal justice systems, although the extent of the examining magistrate's role has generally diminished over time. Since the late 20th and ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Testimony
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letters Rogatory
Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence. Taking of evidence One reason why a court may require assistance from a foreign court is to obtain evidence from a witness. This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority. For example, Alice in the United States, could not summon Jean from France to the US courthouse. Instead, the US court would issue a letter rogatory to a French court, which would then examine Jean in France, and send a deposition back to the requesting court. Insofar as requests ''to'' US courts are concerned, the use of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of France
The president of France, officially the president of the French Republic (), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is the supreme magistracy of the country, the position is the highest office in France. The powers, functions and duties of prior presidential offices, in addition to their relation with the prime minister and government of France, have over time differed with the various constitutional documents since the Second Republic. The president of the French Republic is the co-prince of Andorra, grand master of the Legion of Honour and of the National Order of Merit. The officeholder is also honorary proto-canon of the Archbasilica of Saint John Lateran in Rome, although some have rejected the title in the past. The current president is Emmanuel Macron, who succeeded François Hollande on 14 May 2017 following the 2017 presidential election, and was inaugurated for a second term on 7 May ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministry Of Justice (France)
The Ministry of Justice () is a ministerial department of the Government of France, also known in French as . It is headed by the Minister of Justice, also known as the Keeper of the Seals, a member of the Council of Ministers. The ministry's headquarters are on Place Vendôme, Paris. Organization * Minister of Justice: The current Minister of Justice is Gérald Darmanin since December 2024. * The Judicial Services Directorate ( (known as DSJ) is responsible for the civil courts. The DSJ contributes to the drafting of texts and provides its opinion on laws being drafted and regulations that regards the courts. * The Civil Affairs and Seals Directorate ( (DACS) * The Criminal Matters and Pardons Directorate () (DACG) contributes to drafting criminal justice texts that lay down the rules for proceedings, judgment, and enforcement of rulings and oversees their application. * The Prison Administration Directorate a.k.a. French Prison Service ( (DAP, "Prisons Administration Direct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ministère Public (France)
In French law, the ''ministère public'' or ''le parquet'' is the authority charged with defending the interests of society and of the application of law. It is primarily made up of magistrates, but is sometimes represented by other persons such as police officials. Its magistrates can be referred to as "standing" magistrates, as opposed to ''magistrats du siège'' (seated magistrates). Its closest equivalent in some English-speaking countries is the (office of the) director of public prosecutions and the attorney general in others. The term ''ministère public'' translates literally as "public ministry" and that institution can exercise a public action (action publique) in penal infractions that cause a disturbance of the '' ordre public'', and can also initiate prosecutions or non-prosecutions. It can intervene in all jurisdictions of the judiciary, but has never really exercised the same role in the administrative areas, except for financial venues (''juridictions financières'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Badinter
Robert Badinter (; 30 March 1928 – 9 February 2024) was a French lawyer, politician, and author who enacted the abolition of capital punishment in France in 1981, while serving as Minister of Justice under François Mitterrand. He also served in high-level appointed positions with national and international bodies working for justice and the rule of law. Early life Robert Badinter was born on 30 March 1928, in Paris to Simon Badinter and Charlotte Rosenberg. His Bessarabian Jewish family had immigrated to France in 1921 to escape pogroms. During World War II, after the Nazi occupation of Paris, his family sought refuge in Lyon. His father was captured in the 1943 Rue Sainte-Catherine Roundup and deported with other Jews to the Sobibor extermination camp, where he was murdered shortly thereafter. Badinter graduated in law from Paris Law Faculty of the University of Paris. He then went to the United States to continue his studies at Columbia University in New York City, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Honoré De Balzac
Honoré de Balzac ( , more commonly ; ; born Honoré Balzac; 20 May 1799 – 18 August 1850) was a French novelist and playwright. The novel sequence ''La Comédie humaine'', which presents a panorama of post-Napoleonic French life, is generally viewed as his ''Masterpiece, magnum opus''. Owing to his keen observation of detail and unfiltered representation of society, Balzac is regarded as one of the founders of Literary realism, realism in European literature. He is renowned for his multi-faceted characters; even his lesser characters are complex, morally ambiguous and fully human. Inanimate objects are imbued with character as well; the city of Paris, a backdrop for much of his writing, takes on many human qualities. His writing influenced many famous writers, including the novelists Émile Zola, Charles Dickens, Marcel Proust, Gustave Flaubert, and Henry James, and filmmakers François Truffaut and Jacques Rivette. Many of Balzac's works have been made into films an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Investigating Judge (France)
In French criminal law, the investigation phase (') in a criminal proceeding is the procedure during which an investigating judge () gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court. The investigating judge is the first instance of investigation. In the second instance (appeals), the investigating chamber of the French courts of appeal have jurisdiction. They rule on appeals of decisions by the investigating judges and of decisions by the liberty and custody judge (). Background Inquisitorial system In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate. Prior to the case getting to trial, investigating judges partic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the '' Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, inves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
