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Section 3 of Article 27A went into effect as the first stage of law concerning the Office of the Public Defender for Maryland. It decreed that the Office of the Public Defender is part of Maryland’s Executive Branch of government, and provided that a Public Defender shall be appointed head of the Office by the Board of Trustees. Furthermore ...
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. [2] [3]
Although there is a right to legal defense, there is no organized public defender system. Instead, any lawyer can be appointed to provide counsel to a specific defendant, and the defendant can select a specific lawyer. Questions of payment are deferred until the end of a trial, and the court will decide the cost of the case to the losing party.
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The Circuit Courts of Maryland are the state trial courts of general jurisdiction in Maryland. They are Maryland's highest courts of record exercising original jurisdiction at law and in equity in all civil and criminal matters, and have such additional powers and jurisdiction as conferred by the Maryland Constitution of 1867 as amended, or by law. [1]
In 1941, a 43-year-old man by the name of Betts was arrested for stealing in the state of Maryland. [11] Betts requested for an attorney, as he lacked the means to do so himself, but his request was denied by the court on the grounds that appointments were only granted to those on trial for capital crimes forcing him to represent himself. [11]
Maryland also continues to follow common law principles on the issue of when one may use deadly force in self-defense. In the case of State v.Faulkner, 301 Md. 482, 485, 483 A.2d 759, 761 (1984), the Court of Appeals of Maryland summarized those principles, and stated that a homicide, other than felony murder, is justified on the ground of self-defense if the following criteria are satisfied:
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