Which Principle Was The Focus Of The US Supreme Court Decision In Miranda Vs Arizona? In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. What was the Supreme Court’s decision in the case of
What Is The Victim Called In Court? A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to
Why Is John Doe A Bad Name? The John Doe custom was born out of a strange and long since vanished British legal process called an action of ejectment. Under old English common law, the actions landowners could take against squatters or defaulting tenants in court were often too technical and difficult to be of
What Are The Requirements For Evidence To Be Introduced At Trial? To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay). Can new evidence be presented after
Can The Defendant Speak In Court? The Fifth Amendment to the U.S. Constitution provides that a defendant cannot “be compelled in any criminal case to be a witness against himself.” In short, the defendant cannot be forced to speak. … (Defendants in civil cases may, however, be forced to testify as a witness in a
Is A Deposition Mandatory? There here are certain situations which may affect your need to participate in a deposition. However, as a general rule, you must agree to participate in a deposition. Refusing a deposition can result in serious implications legally and financially. Legal depositions do not have to be an intimidating process. Can you
Who Is The Most Important Player In The Courtroom? “In the eyes of most Americans, the judge is the key player in the courtroom workgroup. The symbolism and ceremony of a criminal trial reinforce this view. The judge is seated on a raised bench, robed in black, and wields a gavel to maintain order in
What Rights Does The 5th Amendment Protect? No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public
Who Is The Defendant In A Trial? In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Who is the
What Judges Hear Preliminary Evidence? During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of a preliminary hearing is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial. What does