That is, the judge holds that the plaintiff failed to provide sufficient grounds, even what is claim is true, to be able to win a verdict. After a jury returns a verdict, the losing party may make a motion for judgment as a matter of law or a motion for judgment now withstanding the verdict. The judge is asked to hold that there were not legally sufficient grounds to support the jury’s verdict and to either overturn the entire verdict or a portion of it. Courts preferred post– verdict motions to pre—verdict motions because, if an appeals court reverses a post verdict motion, there is no need to redo the entire trial. Q: The jury believes the expert testimony presented for plaintiffs.
Legal defenses can have a signification effect on disposition of the case. Factual Defense In a criminal trial when factual defense is used the defendant and attorney are claiming to the courts the defendant had nothing to do with the crime which took place. The defendant is insisting he or she is not to be held criminally liable for the charges brought forth by the state. The defendant may say he or she was in was not in the location of the crime at the time of the crime and may have an alibi as evidence (Schmalleger, Hall, Dolatowski, 2010). Legal Defense Justification and excuse is the two forms of legal defense.
Jury Nullification Paper The jury’s repudiation to sentence a person even through the presence of a resilient proof which supports guilt is called jury nullification. With regards to handling cases, the jury shouldn’t develop sympathy for it will result to jury nullification. During the trial, sentencing or verdict should always be based on the facts and shouldn’t even concern an individual’s race at all. At an instance wherein the jury couldn’t come up with a conviction due to the fact that race is involved, it is called as race-based nullification which is evidently not good for a murderer can be set free as this occurs. Thus, as this happens, it would be right for punishment as this is believed to wrong.
We try to give people the benefit of the doubt that they are innocent and it is the burden of the state to prove they are guilty. That is why we use the adversarial system here in the United States. The adversarial procedure is described in our text: Essentials of Criminal Justice by: Siegel and Worrall on page 161, eighth paragraph” The procedure used to determine truth in the adjudication of guilt, in which the defense (advocate for the
And secondly, preventive detention assumes that the offender is capable of moral self-governance. Simply put, the offender lives and knows what is right and what is wrong. Yet the problems with these assumptions are, what if the offender is not responsible for his or her action or what if they aren’t capable of moral self-governance? For example, what if the offender was deemed insane while he or she committed the act in question? Since the law states that the offender is legally not responsible for the action then that offender absolutely cannot be held responsible by any means.
An attorney can reveal information only regarding the crime the defendant is being accused of not any other information about other crimes that they have not been accused of. The attorney is actually obligated to NOT reveal other information that does not pertain to the crime of accusation. If the attorney believes reasonably that their client is intending to commit a crime they are legally obligated to reveal that
The Right to have a Preliminary Examination Once a suspect has been arrested they are entitled to a preliminary hearing. This is designed as a safeguard to protect an individual against the possibility of detention or an unreasonable arrest, so the hearing is conducted to determine whether there is sufficient evidence to go to trial. The criminal procedure discovers what issues must be raised depending on whether the crime is a misdemeanor, a gross misdemeanor, or a felony. In Gerstein v. Pugh, 420 U. S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975) the United States Supreme Court mandated that persons arrested without a warrant and held by law enforcement must be given a preliminary hearing to determine if there is ‘probable cause.’ Probable cause means that there is reasonable ground exists by the arresting officer who believes in the facts, and a preliminary hearing or preliminary examination would decide whether a prudent person would believe that the suspect committed the offense in light of the facts.
The false perception Jack Carter abstains that his company is not in any immediate danger of discrimination lawsuits, tells me that he never received any legal representation or solicited advice from a reputable Human Resource company. So the answer is, yes, he can be accused of being discriminatory. 2-30. How should Jennifer and her company address the sexual harassment charges and problems? Jennifer will have to conduct an investigation.
There is simply not enough prison cells. Husak also argues on this point, based on principle, that criminal punishment is designed to stigmatize, but it is impossible to stigmatize against behavior that is practiced widely. Sigma, Husak argues, is supposed to presuppose deviance, not normalcy. The majority cannot be deserving of stigma. A further reason for one to doubt that drunk driving is a serious offence is that Per se laws establish an arbitrary point, below which there is no liability at all.
The defendant appealed the manslaughter conviction on the grounds that he could not be liable for the victim’s death as he did not physically kill her. It could be argued that the defendant was right as the victim had been killed by police bullets and not his own. The police officers involved were also negligent as they were accused of taking out the light in the hallway which left them unable to see that the victim was in front of the defendant. The police were found to be negligent and were ordered to pay civil compensation to the victim’s family. However, his appeal was rejected as the defendant’s unlawful and dangerous act directed against the