Defendant

different cases that pertained to the same issue. There were four cases regarding the defendant 's Fifth Amendment rights were violated these cases were Miranda v. Arizona , Vignera v. New York, and Westover v. United States, and California v. Stewart .Of the four cases, three of them had the same issue in that the defendants were arrested and questioned for a crime that led them to confess.However, none of the defendants were aware or told of their 5th amendment right to remain silent until you…

go hand in hand. So the defendant having to pay the plaintiff for anything injuries or damages is the punitive damages while, compensatory damages is the money that the plaintiff receives from the defendant. Compensatory damages however is also different from punitive damages. Compensatory damages is a sum of money that is awarded to the plaintiff and the amount is just enough to replace what was lost and nothing more. Punitive damages are used to defer the defendant from committing the same…

mental illness when committing the prohibited act. When defendant lack of certain capacities and controls when doing an act, criminal responsibilities may be exempted. Insanity, known as insane automatism, which refers specifically to conditions that impair one's ability to discharge one's legal responsibilities. It is partial defence to those who suffering mental disorders as to unaware of their acts or who do not know his act is wrong. Defendant can still be retained even though found not…

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…

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…

another person. The harmed individual therefore needs to prove that the defendant was negligent and is in charge of the injuries. Pozgar (2013) in the book Legal and Ethical Issues for health professionals writes “Negligence is a tort, civil or personal wrong. “(p.199) In general when an individual acts in a careless manner and this carelessness effects an individual, it is the job of the harmed individual to prove that the defendant was negligent and therefore liable for their injuries.…

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…

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…

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…

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…