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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 ...
Prosecutorial vindictiveness occurs where a prosecutor retaliates against a defendant for exercising a constitutional or statutory right by increasing the number or severity of the charges against him. [1] [2] The United States Supreme Court has held prosecutorial vindictiveness to constitute a violation of a defendant's right to due process ...
Cuffed defendant before criminal court (Transportation Security Administration image) 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.
A defendant is permitted to plead guilty to some charges listed on the charge sheet or indictment and deny others, and the prosecution may agree to accept this plea and drop the denied charges; such an agreement will generally be accepted by the court as it serves the public interest, as well as the defendant's and victims' interests, to avoid ...
The defendant was dead and could not be further prosecuted and at the time of the trip [Lewin] was not a witness nor a party to any pending litigation," his attorney, Brian Panish, said in an e-mail.
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." [1] It is similar to selective prosecution. Prosecutors are bound by a set of rules ...
Prosecutors have said they will seek the death penalty at his trial – scheduled for August. Kohberger is accused of killing Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin at an ...
If the magistrate finds probable cause, the district attorney files an information, which supersedes the complaint and becomes the operative pleading against the defendant through trial, verdict, and judgment. [13] The U.S. Supreme Court affirmed the constitutionality of this procedure in Hurtado v. California (1886). [14]