Who Is the Legal Representative of an Accused in a Criminal Case

The right to be represented by an attorney in criminal proceedings is one of the fundamental rights guaranteed by the U.S. Constitution. The government does not always go to great lengths to fulfill its duty to provide a lawyer to defendants who cannot afford a lawyer. In general, however, defendants are always entitled to a lawyer of their choice. Violations of these rights may constitute grounds for appeal or force the annulment of a conviction. Litigation – A case, controversy or lawsuit. Participants (plaintiffs and defendants) in a dispute are called litigants. In the courtroom, each party`s lawyers sit at the advisory tables near the bank or talk to the judge, a witness or the jury. The job of every lawyer is to highlight the facts that put their client`s case in the most favorable light, but to do so with approved legal procedures. In a criminal case, the government prosecutor is called a prosecutor – usually an assistant district attorney (court case) or a U.S.

assistant prosecutor (federal court case). Defendants may be represented by a public defence lawyer, a court-appointed lawyer or a private lawyer appointed by the accused. In civil proceedings, parties who wish to have a lawyer represent them must hire their own lawyer. Chief Justice – The judge who has primary responsibility for administering a court. The Presiding Judge also decides cases, and the election of Chief Justices is based on seniority. In cases where a party or witness does not speak or understand English, their testimony may be interpreted by a court interpreter whose job it is to provide a textual reproduction of the testimony. It is the English reproduction by the interpreter that is part of the official file of the court. The job of the court interpreter is to interpret exactly what the witness or accused is saying without commenting on it, even if the interpreter believes the person is lying. If a witness does not understand a question, the interpreter cannot use his or her own words to explain it. Instead, the interpreter translates the witness`s request for an explanation to the lawyer (or the person who asked the question), and that person must explain or rephrase what they said. The interpreter then translates this statement or reformulation for the witness. Damages – Money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their injuries.

The court reporter sits near the witness stand in the courtroom and records everything that is said (or introduced into the evidence) during the trial by tapping it on a stenographic or making an electronic audio recording. This becomes the official protocol of the process. The court reporter also prepares a written transcript of the proceedings if one of the parties appeals or requests a transcript of the case. Court reporters don`t just work in the courtroom. They also record statements in law firms and some conferences in judicial chambers. The vast majority of court reporters use a stenographer, a machine that translates keystrokes into symbols that correspond to speech. Some use shorthand and others use a stenographic mask that repeats everything that is said in the courtroom into a mask connected to a tape recorder and later transcribes it. Finally, electronic audio recording uses microphones placed in the courtroom to record proceedings on a multitrack tape monitored by the clerk of the court clerk (who does not need to be trained as a court reporter).

nolo contendere – No competition. Has the same effect as an admission of guilt with respect to the criminal conviction, but the plea cannot be considered as an admission of guilt for other purposes. Sometimes a guilty plea could be used later to show errors in a prosecution, but nolo contendere`s plea forces the plaintiff in the lawsuit to prove that the defendant committed the crime. in bench – “In the bank” or “full bank”. These are hearings in which all members of a tribunal participate, not the usual quorum. U.S. appellate courts typically sit on panels of three judges, but may be expanded to a larger number in certain cases that they deem important enough to be decided by the entire court. They should then sit in the bench.

Case Law – Use of court decisions to determine how other laws (e.g. (B) must be applied in a particular situation. For example, a court of first instance may use an earlier Supreme Court decision that presents similar problems. You can also access information on legal aid in criminal matters and advice from the Ministry of Justice and Gender Equality. Article 22 of the Constitution of India provides: “No one shall be detained without being informed as soon as possible of the reasons for such arrest, nor shall he be denied the right to consult and be defended by a lawyer of his choice.” [20] In 2011, the Supreme Court of India ruled that a court cannot rule on a case without the presence of a lawyer for the defendant and ordered that a court appoint a lawyer if the defendant cannot afford it. [21] Public legal assistance is provided by the National Legal Services Authority and state legal service organizations. The courts appoint lawyers for legal aid in civil and criminal matters. [22] pro se – Latin term meaning “in one`s own name”; In the courts, these are people who present their own case without a lawyer.

In accordance with Article 20 (Access to justice and effective legal protection) of the Portuguese Constitution, every citizen has the right to legal information, legal advice and assistance within the framework of the broader right to legal protection. [28] The group of people sitting in the hurried area on one side of the courtroom is the jury. The judge decides the law in the case and instructs the jury on the law. It is up to the jury to decide the facts of the case and to apply the law by which the judge asked them to render a verdict. In cases where the evidence is contradictory, it is up to the jury to resolve the conflict and decide what actually happened. For example, in a criminal case, the jury may hear testimony from a witness who claims to have seen the accused commit the crime, and then listen to testimony from the accused`s friend, who claims that the defendant was with him in another part of the city when the crime was committed. It is up to the judges to decide who is telling the truth. Procedure – The rules of conduct of a legal dispute; There are rules for civil, criminal, evidentiary, bankruptcy and appeal proceedings. An accused who cannot afford a lawyer has the right to appoint a defence lawyer appointed at the expense of the government. Although the Supreme Court has gradually recognized this right, it currently applies to all federal and state criminal proceedings where the defendant faces an acceptable prison sentence of more than one year (a “crime”) or where the defendant is actually imprisoned, including the imposition of a conditional sentence of any length. [42] Acquittal – Verdict that an accused was not found guilty beyond any doubt.

Immigration proceedings, including deportation hearings, are considered civil rather than criminal, so the right to counsel under the Sixth Amendment does not apply. INS vs. Lopez-Mendoza, 468 U.S. 1032 (1984). The Federal Immigration Act provides for a legal right to legal assistance in deportation proceedings, but only at no cost to the government. Evidence – information presented in testimony or in documents used to convince the investigator (judge or jury) to decide the case for either party. Tribunal – a government body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” In Moran v. Burbine, 475 USA 412, 431 (1986), the court noted that “a defendant`s right to a lawyer was not violated when the police obtained waivers from Miranda and questioned him without informing the defendant that the police had been contacted by a lawyer who had been hired by his sister without his knowledge.” Moran increased his stake in Gouveia by stating that “the first formal indictment is the time when the right to a lawyer under the Sixth Amendment initially applies.” Later in its decision, the Moran court used more open language, noting that the Sixth Amendment “will only become applicable when the role of government shifts from investigation to impeachment.” .