What are the two sides in a criminal case?

August 17, 2019 Off By idswater

What are the two sides in a criminal case?

the prosecution and defense.

Who is a defendant in law?

law. : a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty — compare plaintiff.

What is the defendant called in a criminal case?

accused person
In a criminal case, the accused person is called the defendant. Defendants are represented by an attorney, who may be an attorney from the Federal Public Defender’s Office if they can’t afford a private attorney. There is a Federal Public Defender for each of the federal districts.

Is defendant used in criminal law?

A person who is charged with a criminal offence. Another word for “an accused” is “defendant”.

How are criminal cases named?

The title in criminal cases always contains at least two names. The first name refers to the party that brought the action. The v. is an abbreviation of the Latin versus, meaning “against.” The second name refers to the party against which the action was brought.

Who protects the defendant?

The rights of criminal defendants are protected by the Fourth, Fifth, and Sixth amendments to the Constitution. Although these protections are intended to shield individuals from abuses by the government, the government also has an obligation to safeguard its citizens against criminal activity.

What are damages in law?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

How can a criminal case be dismissed?

How Criminal Charges Get Dismissed

  1. Prosecutors. After the police arrest you, the prosecutor charges you with a criminal offense.
  2. Judge. The judge can also dismiss the charges against you.
  3. Pretrial Diversion.
  4. Deferred Entry of Judgment.
  5. Suppression of Evidence.
  6. Legally Defective Arrest.
  7. Exculpatory Evidence.

What is the criminal law aim?

Criminal law aims to identify, acknowledge, punish and educate the greater community and would-be offenders about the consequences of their actions through the criminal justice system. There are five key purposes of criminal law: Retribution.

Who is the defendant in a criminal case?

The person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case. In every legal action, whether civil or criminal, there are two sides. The person suing is the plaintiff and the person against whom the suit is brought is the defendant.

What’s the difference between accused and defender in Scots law?

Terminology varies from one jurisdiction to another. For example, Scots law does not use the term “defendant”; the terms “accused” or “panel” are used instead in criminal proceedings, and “defender” in civil proceedings.

Which is a requirement of a criminal act?

One requirement of criminal act is that the defendant perform it voluntarily. In other words, the defendant must control the act. It would not serve the policy of specific deterrence to punish the defendant for irrepressible acts.

Can a defendant deny the existence of a criminal element?

In certain cases, the defendant can either deny that a criminal element (s) exists or simply sit back and wait for the prosecution to fail in meeting its burden of proof. This legal strategy is sometimes referred to as either a denial or failure of proof defense.