Defendant

circumstances can deny a defendant from asserting a germane counterclaim. In Giambuttista v. Bradlees, Inc., 130 N.J. Super. 381 (Super. Ct. 1974), the court denied a defendant’s counterclaim due to it being barred by the statute of limitations and prejudicing the plaintiff’s rights since a medial investigation was involved. In that case, the plaintiff had filed assault and battery charges against defendant shopkeeper and defendant employee. Id. at 382. An attorney for the defendant employee…

civil liberty advocate groups that there is disparity in the representing of indigent defendants versus those of higher economic standings. This statement is also prevalent in the criminal justice arena as well. A long standing issue in the criminal justice field has been the concern that most guilty verdicts are not determined by the facts presented during the trials, but by the financial inability of the defendant. This research will use the findings and investigations of several studies to…

forced a drug courts to choice in behalf of the defendant, since the alternative is facing a jail sentence. Despite the concerns addressed, the courts when challenged of this claim find under the drug court setting that…

better than imprisonment. These defendants may have committed a horrible crime and after all, will not be punished for it, because they are insane. Some defendants may use the insanity plea to escape imprisonment, but they are not truly insane. If you wouldn’t want a murderer to go free of punishment, then you don’t want a criminal to be innocent, because of their “mental illness”. The Insanity Defense should…

remainder of the litigation, and may go so far as to result in contempt of court proceedings. III RISKS POSED TO DEFENDANTS…

With how controversial plea bargains can be for defendants’ fates, looking at the use of plea bargains in federal crack cocaine sentences is examining two levels of the American criminal system that is unjust for many. It was in 2007 when the U.S. Sentencing Commission, after “lobbying Congress in vain for ten years to remedy the sentencing disparity between crack and powder cocaine offenses” (Kosman 786), successfully added a ‘crack amendment’ to the Federal Sentencing Guidelines. The amendment…

Soust [2010] FCA 68 Dr. Martin Soust ‘the defendant’ was the Managing Director and CEO of Select Vaccines Limited who also happens to be the director of Martin Soust & Co. Pty Ltd. Select Vaccines, a biotechnology firm outsourced services to Martin & Soust Co, where the company had to provide consulting services to Select Vaccines. In return for the prompt and undivided interest in promoting Select Vaccines’ objectives and goals, it was agreed that the defendant would be awarded $245,000 per…

consequences. Homicide is a result crime in the sense that the defendant must be proved to have caused the victim’s death. There is two matter have to be considered. The first is did the defendant in fact cause the victim’s death, that the factual causation, and the second is if so, can he be held to have caused it in law, that the legal causation. Factual Causation…

criminal cases are settled by it. This is the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. According to the ‘legal dictionary’ “Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant.” This agreement makes the defendant plea guilty on the change he’s been accused…

The Sixth Amendment simply ensured that the defendant in a federal criminal case who could afford to hire counsel would be entitled to appear through a lawyer, rather than being forced to defend himself. The U.S Supreme Courts and the State Supreme Courts came to an agreement that the government should provide lawyer to the vast majority of criminal defendants who cannot afford to hire a lawyer. According to Worrall the United State V. Wade (388 U.S.2189 (1967)) “The presence of counsel is…