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Process crimes lend themselves to being prosecuted regardless of the actual harm done to the furtherance of justice. [7] They are therefore frequently a basis for "pretextual prosecutions", a prosecutorial tactic in which "prosecutors target defendants based on suspicion of one crime but prosecute them for another". [8]
The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before the verdict is rendered. The prosecution may also appeal the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the ...
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the ...
Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.
The defendant may also plead guilty on the basis of accepted facts that may affect sentencing while denying others, but the Sentencing Council stresses that the prosecution should accept such a plea only if it enables the court to impose a sentence and make other ancillary orders that are appropriate for the seriousness of the offence, and ...
A law adopted in 2000 lowered the sentence of a witness who came to an agreement with the prosecution in trials concerning money-laundering, but it was not called a crown witness rule. [25] In 2009 a new crown witness rule came into force and since then, witnesses in a wider range of cases have been allowed to become a crown witnesses. [26] [27]
The statutes differ in their jurisdictional elements, the mens rea that they require (for example, a quid pro quo or a nexus), the species of official actions that are cognizable, whether or not non-public official defendants can be prosecuted, and in the authorized sentence. The statutes most often used to prosecute public corruption are the ...
A crime whose prosecution is cancelled can still be resumed later (the ne bis in idem principle does not apply to sepots), [15] unless the Public Department has made a formal communication to the crime suspect that the suspect is no longer prosecuted (then, prosecution cannot be resumed according to the principle of administrative law ...