Search results
Results from the WOW.Com Content Network
It has also been said that this is a myth, [10] as well as a former "common conceit of English lawyers" who asserted this was the case in France. [11] [12] A presumption of guilt is incompatible with the presumption of innocence and moves an accusational system of justice toward the inquisitional. [13]
Coffin v. United States, 156 U.S. 432 (1895), was an appellate case before the United States Supreme Court in 1895 which established the presumption of innocence of persons accused of crimes in a landmark decision. [1]
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.
Evidence of post-crime conduct that may in the context of a particular case evince a defendant's consciousness of guilt of the offense with which the defendant is charged is admissible. A consciousness of guilt may, for example, be evinced by a false alibi or explanation for one's actions, intimidation of a witness, destruction or concealment ...
The trial court excluded Holmes' third-party guilt evidence based on State v. Gregory, 16 S.E.2d 532 (S.C. 1941), in which the South Carolina Supreme Court had held that such evidence is only admissible if it "raises a reasonable inference or presumption as to [the defendant's] own innocence." Holmes was subsequently convicted again.
A moral injury, researchers and psychologists are finding, can be as simple and profound as losing a loved comrade. Returning combat medics sometimes bear the guilt of failing to save someone badly wounded; veterans tell of the sense of betrayal when a buddy is hurt because of a poor decision made by those in charge.
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!