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In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument.Traditionally, if the defendant could admit every allegation of the indictment and still be innocent of any crime, then a general demurrer would be sustained and the indictment would be dismissed.
A continuing objection is an objection an attorney makes to a series of questions about a related point. A continuing objection may be made, in the discretion of the court, to preserve an issue for appeal without distracting the factfinder (whether jury or judge) with an objection to every question. A continuing objection is made where the ...
The defendant Anthony Faretta was accused of grand theft in Los Angeles County, California. Well before the trial began, the defendant requested permission to represent himself. Questioning by the judge revealed that he had once represented himself in a criminal case and that he believed that the public defender's office was under a heavy case ...
The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court ...
If the defendant pleads 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 peine forte et dure (Law French for "strong and hard punishment"). Today, in common law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a ...
Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
Arkansas, 483 U.S. 44 (1987), was a Supreme Court of the United States case in which the Court held that criminal defendants have a constitutional right to testify on their own behalf. [ 1 ] Significance
In a criminal case, the peremptory pleas are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon. The former two refer to cases of double jeopardy . A plea of " autrefois convict " ( Law French for "previously convicted") is one in which the defendant claims to have been previously convicted of the same offense ...