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In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction. (2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to ...
In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. [ 7 ] [ 8 ] This chapter contains provisions covering various specific crimes such as witness tampering and retaliation, jury tampering , destruction of evidence , assault on a process server , and theft of court ...
The Model Penal Code ("MPC") was created by the American Law Institute ("ALI") in 1962. In other areas of law, the ALI created Restatements of Law, usually referred to as Restatements. Examples are Restatement of Contracts and Restatement of Torts. The MPC is their equivalent for criminal law. [2] Many states have wholly or largely adopted the MPC.
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). [1] For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension.
A citizen's right to a trial by jury is a central feature of the United States Constitution. [1] It is considered a fundamental principle of the American legal system. Laws and regulations governing jury selection and conviction/acquittal requirements vary from state to state (and are not available in courts of American Samoa), but the fundamental right itself is mentioned five times in the ...