Defendant

Both boys were wearing cricket pads for protection. The defendant had suggested wearing crash helmets, but none could be found. The defendant fired a shot that hit the victim’s in the eye. The held said that ‘maliciously’ for the purposes of s 20 of the Offences Against the Person Act 1861 meant actual intention or recklessness as to whether a particular…

be defined as any defendant that is wrongfully convicted of a crime for any reason that the defendant did not do or wrongful/misleading evidence that leads to the conviction of the defendant. It can also be seen as if they had pleaded guilty to any charges that were filed against him in a court of law and he was innocent of committing the crime. There is a rising concern among criminal justice professionals and policy makers about the wrongful conviction of innocent defendants in the United…

where the defendant falls below the particular standard of care demanded by the law. Establishing this involves making a value judgement on the defendant’s behavior: ‘It cannot be proved that a person was negligent; one can merely argue that a person was negligent and hope to persuade the judge’ (Cane p). The key issue to be addressed is how and where the courts set the acceptable standard or level of care owed towards one’s neighbors. There are two questions to be considered. How the defendant…

The coercive power found in plea bargains pushes various innocent defendants to plead guilty over risking harsher punishment at trial. Lucian Dervian and Vanessa Edkins in their study “ The Innocent Defendant’s Dilemma: An Innovative Empirical Study of Plea Bargaining’s Innocence Problem,” conduct a study to simulate the coercion and fear that occurs in a criminal trial. The study focuses on a college classroom study where the students were blamed for cheating on a test and were offered two…

Malingering Determining if a criminal defendant is malingering or denying a psychiatric disorder is one element of all forensic psychological evaluation. According to the DSM-IV malingering is defined as intentionally faking either physical or psychological symptoms, for external gains included but not limited to, workman 's comp, financial compensation, avoid criminal prosecution and to avoid work or military duty. Faking psychiatric disorders, physical injury, and cognitive impairment are…

counsel explained that he couldn’t check in with his probation officer lately because of life circumstances. The defendants girlfriend is pregnant and the mother has cancer. Judge Herscovitz asked him to not violate it again because then, he would get 45 days in county jail for sure. Judge Ewell, was in the middle of a side bar when I walked in. The first hearing I observed was a defendant who stated he’s completed all but 4 domestic violence courses. His excuse was that he lost his job and…

(Plaintiffs) of Gould, Inc. (Defendant/Appellee), sued to recover damages against their former employer and Robert J. Fitzgibbons, Sr., M.D (Defendant) based on allegations that they were responsible for damages based on their conduct. The Defendant demurred in part, on the grounds that the district court lacked subject matter jurisdiction in the matter. The Defendant also operated a secondary lead refining and smelting plant. It is the Plaintiff’s belief that the Defendant knowingly…

we are entering answer of affirmative defenses. We the defendants enter an answer of affirmative defenses for Failure to Consideration. The Plaintiff failed to follow proper procedure in notifying defendants of court proceedings. The defendants received notification dated March 13, 2017 demanding full payment of past due balance. This document was retrieve form defendants mail on March 28, 2017. Documents stated that we the defendants would be furnished with a period of (30) thirty days for…

At any point in a criminal proceeding that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned. In theory, the requirement that a criminal defendant be mentally competent before the trial can proceed assures that the defendant will receive a fair trial (Morris et al. 2004). The Supreme Court has long considered a competency to be a right of the criminal defendant in court. The defendant 's awareness and sanity must be intact to have him stand…

helps defendant from being in jail for an undetermined amount of time before trial. The longer the trial is postponed, the more likely that those witnesses will disappear or their memories will fade away. Physical evidence could be lost or destroyed. If a trial is delayed over a year then it is considered a violation of the Sixth Amendment. The time of delay will come into question and proper reason must be provided (LAWS). The right to a public trial is guaranteed to ensure that defendants are…