Search results
Results from the WOW.Com Content Network
The Newton hearing itself operates like a "mini trial", with a judge rather than a jury deciding the disputed points based upon testimony and submissions. [3] The burden of proof is on the prosecution, who must prove their case beyond reasonable doubt. [3] For a defendant, there is a balance of risk and benefit to consider. As the Newton ...
Case history; Prior: 271 F.2d 385 (8th Cir. 1959): Subsequent: 295 F.2d 743 (8th Cir. 1961): Holding; The competency standard for standing trial: whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him."
Pre-trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial. [1] Trial briefs are presented at trial to resolve a disputed point of evidence. Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Merit briefs (or briefs on the ...
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
The differences between a criminal trial and a revocation hearing do not dispose altogether of the argument that under a case-by-case approach there may be cases in which a lawyer would be useful but in which none would be appointed because an arguable defense would be uncovered only by a lawyer.
BOSTON (Reuters) -A federal appeals court on Thursday directed a trial judge to assess whether two jurors in Boston Marathon bomber Dzhokhar Tsarnaev's 2015 trial were biased and should not have ...
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems
In the Republic of Ireland, tribunal popularly refers to a public inquiry established under the Tribunals of Inquiry (Evidence) Act 1921. The main difference between a Parliamentary Inquiry (non-statutory) and a Tribunal of Inquiry in Ireland is that non-statutory inquiries are not vested with the powers, privileges, and rights of the High Court.