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Examples of the the word, defendant , in a Sentence Context

The word ( defendant ), is the 3371 most frequently used in English word vocabulary

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  1. Intoxication is accepted as a defense in most American jurisdictions. * A, defendant ,could also argue that he was engaged in mutually consensual behavior. Ancient
  2. Forms of appellate review, direct and collateral. For example, a criminal, defendant ,may be convicted in state court, and lose on direct appeal to higher state
  3. Trial, and involves the clerk of the court reading out the indictment. The, defendant ,is asked whether he or she pleads guilty or not guilty to each charge. This
  4. It is for the defense lawyer to mitigate on his client's behalf, and the, defendant ,himself will rarely have the opportunity to speak. The right of victims to
  5. Suitable for appeal in criminal cases is effective assistance of counsel. If a, defendant ,has been convicted and can prove that his lawyer did not adequately handle his
  6. Mitigating factors, and the defendant 's character, and passes sentence. If the, defendant ,pleads not guilty, a date is set for a preliminary hearing or a trial. In the
  7. There is usually an arraignment or some other kind of appearance before the, defendant ,comes to court. The pleading in the criminal case, which is entered on the
  8. In relation to commission of a crime. Allocation is sometimes required of a, defendant ,who pleads guilty to a crime in a plea bargain in exchange for a reduced
  9. To pay any money, then the plaintiff might file a cross-appeal arguing that the, defendant ,should have to pay $200,000 instead of $50,000. The appellant is the party who
  10. Families. In principle, it removes any doubt as to the exact nature of the, defendant ,'s guilt in the matter. The term" allocation" is generally only in use in
  11. The hearing, the judge assesses the offense, the mitigating factors, and the, defendant ,'s character, and passes sentence. If the defendant pleads not guilty, a date
  12. In civil matters) set forth by the complaining party will be contested by the, defendant , and states all the defendant 's defenses, thus establishing the nature and
  13. The style of a criminal appeal is always the same whether the appellant is the, defendant ,or prosecution. Direct or collateral: Appealing criminal convictions in the
  14. Place within 48 hours of an individual's arrest. During this arraignment the, defendant ,is informed of the pending legal charges and is informed of his or her right to
  15. Bail. During the second arraignment, a post-indictment arraignment or PIA,the, defendant ,is allowed to enter a plea. Form of the arraignment The wording of the
  16. For example, suppose at trial the judge found for the plaintiff and ordered the, defendant ,to pay $50,000. If the defendant files an appeal arguing that he should not
  17. There had been no previous trial. "' The only exception to this is that if a, defendant ,appeals a conviction for a crime having multiple levels of offenses, where they
  18. Not guilty, a date is set for a preliminary hearing or a trial. In the past,a, defendant ,who refused to plead (or" stood mute" ) was subject to pane forte et due (
  19. How he or she pleads. Video arraignment Guilty and not-guilty pleas If the, defendant ,pleads guilty, an evidentiary hearing usually follows. The court is not
  20. Canada, criminal cases, including appeals, are always styled in the form R. v., defendant , where R represents the Latin word Rex or Regina, or the King or Queen, who is
  21. 3. the alleged constitutional violation clearly exists and clearly deprived the, defendant ,of a fair trial; 4. If subject to harmless error analysis, the state has failed
  22. In English law, under s5 Criminal Damage Act 1971 it may be argued that the, defendant ,has a lawful excuse to damaging property during the defense and a defense under
  23. Of an indictment in whole or in part or from a trial court's granting of a, defendant ,'s suppression motion. Likewise, in some jurisdictions, the state or
  24. Solution of a problem. In the common law, an answer is the first pleading by a, defendant , usually filed and served upon the plaintiff within a certain strict time limit
  25. Law reports, the appellant is named first. This can mean that where it is the, defendant ,who appeals, the name of the case in the law reports reverses (in some cases
  26. Civil complaint or criminal information or indictment has been served upon the, defendant , It may have been preceded by an optional" pre-answer" motion to dismiss or
  27. Arraignment is a formal reading of a criminal complaint in the presence of the, defendant ,to inform the defendant of the charges against him or her. In response to
  28. The appellant in the new case can be either the plaintiff (or claimant), defendant , third-party intervene, or respondent (appealed) from the lower case
  29. Involves an incarcerated defendant locating DNA evidence demonstrating the, defendant ,'s actual innocence. Appellate review is the general term for
  30. Was a case that was decided by the United States Supreme Court in 2005. The, defendant ,argued that as a vessel flying the flag of a foreign nation was exempt from the
  31. Face in the theater (Against Madras),and second when (in Against Non) a, defendant ,allegedly assaulted a man and crowed over the victim. Hubris, though not
  32. Shall ... consist of an open ... reading of the indictment ... to the, defendant ,... and call on him to plead thereto. He/she shall be given a copy of the
  33. appellant's claim (s) must usually be preserved at trial. This mean that the, defendant ,had to object to the error when it occurred in the trial. Because
  34. Specific jurisdictions United States In most United States jurisdictions a, defendant ,is allowed the opportunity to allocate—that is, explain himself—before sentence
  35. Be deferential to the lower court's findings of fact (such as whether a, defendant ,committed a particular act),unless clearly erroneous, and so will focus on
  36. Capital or violent felony cases. The typical scenario involves an incarcerated, defendant ,locating DNA evidence demonstrating the defendant 's actual innocence.
  37. The relative seriousness of the offense and heavily refer to and rely upon the, defendant ,'s previous good character and good works (if any). In Australia, the right
  38. Today in common-law jurisdictions, the court enters a plea of not guilty of a, defendant ,who refuses to enter a plea. The rationale for this is the defendant 's right
  39. That the court must" address the defendant personally in order to permit the, defendant ,to speak or present any information to mitigate the sentence. " The Federal
  40. Court. The ability of the prosecution to appeal a decision in favor of a, defendant ,varies significantly internationally. All parties must present grounds to
  41. It generally conforms with the following principles: # The accused person (, defendant ,) is addressed by name; # The charge against the accused person is read
  42. Examples of defenses, mitigating circumstances, or failures of proof are: * A, defendant ,could argue that since he was drunk, he could not form the specific intent to
  43. Judge found for the plaintiff and ordered the defendant to pay $50,000. If the, defendant ,files an appeal arguing that he should not have to pay any money, then the
  44. Reading of a criminal complaint in the presence of the defendant to inform the, defendant ,of the charges against him or her. In response to arraignment, the accused is
  45. For a defendant who refuses to enter a plea. The rationale for this is the, defendant ,'s right to silence. Pre-trial Release This is also often the stage at which
  46. On the other side is called a respondent (in most common-law countries), defendant , in error, appellee (in the United States) or defender (under Scots law). A
  47. By the complaining party will be contested by the defendant , and states all the, defendant ,'s defenses, thus establishing the nature and parameters of the controversy to
  48. Of Criminal Procedure 32 (i) (4) provides that the court must" address the, defendant ,personally in order to permit the defendant to speak or present any information
  49. Towards university philosophy. While in Berlin, Schopenhauer was named as a, defendant ,in an action at law initiated by a woman named Caroline Marque. She asked for
  50. Motion to dismiss or demurrer; if such a motion is unsuccessful,the, defendant ,must file an answer to the complaint or risk an adverse default judgment. The

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