Reasonable doubt / alternate theory of the crime ReasonableSuspicion/The crime happened is another explanation

USA criminal convicted standard is"Beyond reasonable doubt" (ExcludeReasonableSuspicion) What is calledReasonableThe suspect? For exampleACharged with murder, He left a fingerprint on the murder weapon, With the fighting leftDNAWait, Seems irrefutable evidence. But you cannot completely rule out the possibility of case is his clone. The possibility is very small, Small to negligible, This is called"TranscendReasonableSuspicion" But if the defendant does have the sameDNATwin brothers, But the prosecution cannot exclude the possibility that the brothers, The jury will have"ReasonableSuspicion", Can't convict him. While"Man is his twin brother"The theory is"Alternate theory of the crime" (Another possibility crime) So the prosecutor will try for the jury ruled outReasonableSuspicion, The defense lawyer to goal is to tell the jury that crime may be others do.

United States Vs. Smith / New York vs. Jones, is the state out to get me...

The prosecution on behalf of the people and the government is, So the people often claim to be"The people" (People)Or"The state" (State/The state government), According to the different content of crime, There may be more prosecutors office prosecuted, There may be a federal prosecutor prosecution office, There may be a military prosecutor, Court is not naturally. If it is in a state court, Then the case formal name is called"The state of New York Vs. Jones ("New York state public prosecutionJonesCase), If the federal court prosecutor is federal prosecutors, So called"USA Vs. Smith ("USA prosecutionSmithCase) Not that the defendant is in with USA national showdown.

 

Grand jury and how to indict a ham sandwich/clock Grand jury indictment

America require that all felony (term for more than one year of sin) must pass through the grand jury agreed to take action. The grand jury is usually composed of16-23A law-abiding citizen, is generally like work at fixed time in a month (not sure). These people in court this month, listening to all kinds of cases all prosecutors asked the prosecution, by a simple majority vote whether to prosecute (indict). Next month, a group of people. Because of the characteristics of the grand jury, Coupled with only the prosecutors in the grand jury statements and questions, The defense lawyer may not, So the chances of grand jury indictment of very high approval, The General Prosecutor little experience can successfully get the indictment, So people often make fun of a prosecutor can"Indict a ham sandwich(indict a ham sandwich)"Or likeGorenSaidCarverCan sue the elevator bell hanging on the wall.

On his or her own recognizance Self release

At the hearingDiscussionWhen bail problem, Lawyers sometimes requires the defendant"Self release", Exactly said that is not bail, The defendant, his personality guarantee will be in court, Not the soles of the feet with oil.

 

Cash or bond Cash or payment by the company

In the hearing of one of the most important problem is the problem of bail, bail, This time the judge usually say a number for example20Million dollarsCash or, bond " HereCashIs a simple cash, You pay the court20Million in cash, To appear in court, After the trial court full back to youBondMore complex, America many specialized for a bail Private Companies, You pay ten percent of the total amount of the bail, They'll pay full bail in court. The ten percent trial after the end is not returned to you, The equivalent of their commission, If you abandon the escape, The Private Companies has the right to track you hold you back to the court to pay full premium before redemption.

 

District attorneys and why everybody else is an assistant What is called the district attorney, Why besides him all call"Assistant district attorney"

The use of this term is very complex, Official title, Folk known points is not a. Here I mainly inL&OConcept series which will be used to explain. Depending on the region, Each legal jurisdiction have an attorney general, The prosecutors are elected in many places, In the government departments to take charge as chief of, You don't need to buy another department, He or she is a personal name"The district attorney("Some place called the county prosecutor"County Prosecutor/Attorney" Or state prosecutor "Commonwealth's Attorney, State's Attorney") Under his hand all the prosecutors are to assist him to serve the people, So the title of"Assistant" (Assistant)The word, Not that they lack of qualifications when prosecutors, Only assistant. I usually putADAThe word directly translated into the prosecutor, TheStoneAndCarverWhen the prosecutor that decades of hard call assistant is too hard.

 

Assault and battery Attack injury crime

USA law"Strike"It is subdivided intoAssault and battery. AssaultI according to the literal meaning hard to turn"Assault", batteryAlso called only in the Chinese"Assault" What is the difference between the twoAssault?With the threat of force, batteryIs really beat each other. For example, say a suspect in the victim throw rotten tomatoes isAssault, And rushed to the batter isBattery, So when George W. Bush threw his shoes at theGGIn America law making isAssault Fortunately, the general criminal law on both of them don't distinguish, Many states are generally called"Assault" So I see we sometimes seeAssaultTranslated into"Mayhem", But according to my country I know the harm to the extent of the damage have certain requirements, America on two kinds of crime damage degree is not required.
If the assault led to the other by heavy injury, Then chargesAggravated assault (Serious assault) If you are using a knife or gun to attack someone that is"Assault with a deadly weapon" (The crime of assault with a deadly weapon), Is a very serious. The Iraqi journalist who threw shoes at George W. Bush, if not, But in a word, He committed the crime. Also if the reporter is aMM, Flying is the stiletto, It may also be made"The crime of assault with a deadly weapon", Kaka.

 

Warrant (The court warrant)The types and Application Foundation

We most often hearWarrantThere are two kinds of, One is the * * to, A search warrant. CommonWarrantAlsoBench warrant, Is also a kind of * * order, But the application requirements and different purposes. Bench warrantThe most common use is not to appear in court the defendant catching runaway, In addition to the carry out from the prison court at, Or someone who was convicted of contempt of court at, Police are using thisWarrantTo transport and attachment to them. And that is a death warrant, Authorization execution. Let's talk about the two most importantWarrant
* * make
Not all the * * all need ** order. The policeLast night, just wash the clothesTo observe if captured felony suspects, You can * * he announced, But if the door to catch a person, We need to make the * *. * * the application only two, A police affidavit sworn to judge(affidAviT)Said he is fully on the basis of a suspected a crime one day a month time, Second there is good reason to believe that someone is suspect,Lists his name. The judge agreed to sign the warrant will * *.
Search warrant
A warrant is a complex situation, Both the police and prosecutors did not warrant to each other is not allowed on private property and the local search without(Several exceptions, After the mentioned to explain) Without a search warrant to run a family shuffling are liable to criminal prosecution, They can tell City Hall or the federal government, Requires a large amount of damages, One million are small in number.

A search warrant at, Police officers must go to the judges. In general this police officer's agency case officer, Can't send a coolie. The officer told the judge that either he knew somewhere in possession of evidence, Or is directly to informants or witnesses said. In addition to swear to sign. The range of search warrant can be set very narrow, For example, housing is housing, If not next to the garage, Often is not, Cannot search car. If the person searched share, The general search warrants are only allowed to search his room and public places, Not to search his living room. The search of other places to have a reason, May also open the search warrant. In addition a warrant to search to the things that are expected to carry out strict regulations. For example, the officer only full evidence to suspect suspect the refrigerator stolen reservoir at home, Will your warrant, Search time cannot go open the bedroom drawer mess. The same, If you only allow for the bloody jacket, But this jacket a door hung on the clothes rack, The policeLast night, just wash the clothesPolice could not find somewhere before coming into the house. So the most"Convenient"The warrant is to check the drug, Could you make people upside down, The corners are found
If the object ** order in someone's home, Not his own home, Then in the third home to catch him also need to open a third people search warrant.

 

Search and seizure/ Reasonable expectation of privacy/ The Fourth Amendment
Search and seizure of goods/On personal privacyRational expectation/America constitutionFine striped short sleeved IMethod the fourth amendment

America constitutionFine striped short sleeved IThe provisions of the fourth amendment:"Any person, residential, documents and property against unreasonable search and seizure, noReasonableFacts, not a warrant and * * warrant, warrant must be specific document specifies what to search locations, need to search and seizure and items, ** order must describe what to * *."
The search warrant which talked about. But this amendment spirit derived some other provisions, For example, the protection of personal privacy. To monitor, The phone hacking and other belongs to stealObjects, one of themThe invasion of privacy peep class, If there is no corresponding court warrant, The policeLast night, just wash the clothesPolice and government is not performed. A good case in point is the policeLast night, just wash the clothesPolice in a telephone box on the top of a * * , Record the suspect said. The Supreme Court finally ruled, Because after the suspect into phone booth shut the door, His privacyRational expectation, So the policeLast night, just wash the clothesThe recording can't do exhibits.
This principle911After the devastating impact Bush Patriot Act.
Generally speaking, what kind of things do not involve personal privacy, For example on the sidewalk garbage, Paint the car, The luggage(Kaka, So the airport to use dogs to smell the luggage), The street talk also useful cordless telephone conversation.

 

Motive and intent Motives and intentions

These two things are very different. Lovely gingerAdam SchiffThen one said"(Understanding the difference between motive and intent) is beyond most members of the bar." The difference between most lawyers do not understand the motives and intentions)
Motivation is why crime, What makes a person, Jealousy, Greed, Sex, Revenge. Intention/Deliberately/Crime is the crime psychology, He wanted to achieve what kind of result by crimes, For example, want to kill each other. USA criminal theory in most cases for the crime motive is negligible, For example, whether you are for revenge, Or because of money, Theoretically you are equally guilty. So the general crime, The public prosecutor does not need to prove that the defendant has what kind of motivation, Intention is the most important. But in fact, Because most of the trial by jury is, While the jury is the ordinary people, Not a legal theorist, So the motivation effect on their. In theL&OCan often see the jury for motivation"Distorted"The intention of crime, Sometimes it is found the defendant not guilty, Sometimes it is sentenced the defendant guilty. The continental law, Motivation is a lot of elements of crime.

 

Plea bargains Plea agreement

Plea agreement/One way of mitigating the transaction America quickly closed in criminal proceedings, About90%Crime is not in court, But in a sign the plea agreement solution. Plea bargaining is based"The court has the risk", So in many cases, both sides are willing to make a concession. This system There are both advantages and disadvantages. L&OWill have from different angles to discuss.

 

Subpoenas and how to dodge them like bullets The summons

Summons is signed by the judge, The content of two, A witness, Another is the evidence, Usually the file, For example, bank records, Some correspondence etc.. Subpoena does not appear in court or not to hand over the evidence is to be punished, Usually the contempt of court. But the judge may send second citations to the policeLast night, just wash the clothesCha, Let the policeLast night, just wash the clothesPolice forcibly take you to court. The key is to avoid the summons"Don't get"The summons, For example, you can hit a shot for a place in the street, As long as responsible for deliver subpoena people couldn't get to you, The trial(Or is the grand jury, Or congressional hearings) After you can go home. When a summons issued, Usually is blank, Prosecutors and defense attorneys can apply for, Then fill out what to pass or what file. After receiving the summons, If not, You can request for hearing, Appeal, Further appeal, All the way to the Supreme Court. USA President Nixon has done this.

 

Prior bad acts Previous record
In order to ensure the fairness of the trial of a case, Not allowed to be included in the testimony of the accused former do bad thing. Otherwise, if the defendant had wounded three people, Now the assault, The jury will tend to convict him. Of course there are exceptions, For example, if before the three men convicted, And is a felony(felony conviction), So the judge may allow the previous criminal facts presented as evidence in court. In a series of murder, They might also allow. There is, if the defendant or the defendant's lawyer told the court that the defendant"Docile nature, Flies never killed a"Words, The prosecutor can apply for the record hit three times before as a rebuttal evidence in court. On the previous record can have very big distinction as evidence that a state law, But erratic, But what can what you can't.
The previous record was considered when the sentence, Many states and even a three strikes law, The three were convicted of violent felonies, The penalty is life imprisonment.

 

Proof and evidence/ burden of proof/ standard of proof: probable cause et cetera Proof and evidence/The burden of proof/Proof grade: ReasonableThe reason and so on

ProofProve, evidenceIs the evidence, That one party will usually support a proof of several evidence, The one who claims the burden of proof, Who should produce evidence. To show to what extent are different levels of. For example ** and conviction required proof grade certainly can not be the same. I here brieflyL&OIn the/That commonly used in criminal law level
1 Reasonable suspicion ReasonableDoubt

This is a proof in criminal cases is the lowest, For example, if the policeLast night, just wash the clothesSee a person looks like wanted portraits, You can stop him for questioning, And pat him with a gunJust wash the clothes,Support weapons. In addition or if someone saw policeLast night, just wash the clothesCha run, Or take a kitchen knife to have plenty of fight in sb. walk, The policeLast night, just wash the clothesObservation can be stopped him down8If a person only seems contemptible ugly fellow, The policeLast night, just wash the clothesWe have no right to shoot him with weapons on the body.

2 Probable cause ReasonableReason, Sometimes I translated into"There is good reason"

ReasonableThis concept is an important reason, Yes"ReasonableReason"Apply for search base makes and ** order, Judgment standard is the grand jury vote whether to support the prosecution.
According to the definition of Jurists, ReasonableThe reason is"Information sufficient to warrant a prudent person's belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)"Understanding these words will be divided into two steps, The first step, Imagine a wise and prudent man, For example, a10Years old police policeLast night, just wash the clothesTo observe or is a good judge, Second see your hands grasp the evidence enough to persuade them to two things1 Crime is likely to happen (See article11Set) 2A The man you suspect it may be the killer, Then you can apply for * * * * he made. Or2B You want to search the place is likely to find you want to search, You can get a search warrant.
ProbableThe word originally in English"More than50%Possibility"/"More than 50% of the grasp"This meaning, Can often turn into Chinese"Most", For example"He probably went the wrong way"Than"He may have taken the wrong way"Much more sure.But the Supreme Court has been reduced"ReasonableReason"Threshold83They make a decision, Consider the possibility that don't need more than50%. As long as"Substantial chance" (Considerable possibility), That is a one in three or four chance of also careless, One or two of the words is not absolutely no. 
Cases not statistically significant, This is a sure thing is hard to say, Judge the specific reasons areReasonableWhether sufficient standards according to different but also some differences. For example, the Supreme Court has ruled, The case is so, The policeLast night, just wash the clothesPolice stopped a car to do routine inspection, The car sat three people, The driver's seat is the owner, The assistant driver seat and back seat also sat a man. The policeLast night, just wash the clothesThe owner opened in hand buckle(glove box, Is the deputy driver's seat in front of the lattice, Chinese I forgot)When choosing a license to see inside a roll of cash, And on the back of the bus saw several packets of drugs, They put three people all ** , And searched. The owner in his car to hide a roll of cash and drugs is indeed doubtful, The person sitting next to several packets of drugs, It is doubtful, * * are not the problem. To the high court is that sits on the copilot seat. If he isolated the, Hands off, He could not see the cash, Drug packaging is not, He could not see the back seat, The * * and search whether he hasReasonableReason? The Supreme Court finally ruled there is.
It can thus be seen to judge whether there isReasonableThe reason is sometimes more difficult, So the defense lawyers often before the court asked the judge to open hearings award ** order or warrant application reason enough enough. If the judge ruled that the reason is not sufficient, So by the ** order or warrant derived evidence and testimony can not a. Sometimes to the prosecutor's case to a fatal blow.

3 Prima facie Can be demonstrated on the surface (See the last notes)
4 Beyond reasonable doubt To prove that can excludeReasonableThe degree of suspicion(See the first notes)

In police custody/Custodial interrogation/ The high court forMinnickVerdict
This is also a complex concept American law, in police custodyYou're quite right"In the policeLast night, just wash the clothesPolice detention" It is said in the policeLast night, just wash the clothesPolice detained in the process to make a confession. To illustrate the concept or only by court case, MinnickA kill and rob robber, He told associates once escaped from the prison, Escape on the way to see a trailer, Go home to steal the things inside. The main one is coming back, He used the trailer found a gun kill people, Then continue to another state. Followed by another stateLast night, just wash the clothesCha, When the policeLast night, just wash the clothesCha reading Miranda rights to him, It is normal procedure. ThenFBITo interrogate him. He refused to sign a waiver, But agreed to answer a few questions. Answer questions in the process he mentioned some crimes, When theFBILet him write the confession, He said the lawyer later, He is willing to confess. FBIDetectives believe this sentence is he in the exercise of rights of Miranda"You have the right to an attorney"This one, So the immediate termination of the trial, Out of his lawyer. His lawyer will arrive soon.
The state a few days later the trailer main family were killed or sent to the policeLast night, just wash the clothesThe police, They went in to talk to him, He refused to sign a waiver, Agreed to"Answer some questions" In the process of answering questions, He confessed to killing the trailer main a crime, But this time, His lawyer is not present. Last, According to the court when he confessed to the state police content and to provide a clue to find evidence, The jury found him guilty, And the court sentenced to death. He is not satisfied with, In the second trial violated his civil rights for the grounds of appeal, The appeals court rejected his request, Finally, he appealed to the Supreme Court, The Supreme Court held that the second trial was violated his civil rights, The overthrow of the first instance verdict of guilty.
The Supreme Court toMinnickBefore the verdict and very famous decision in the Miranda case is the actual meaning, If the distance from the last trial for some time, Before then again questioned the prisoner, To re read Miranda right, If the suspect to see a lawyer at a certain moment requirements, From that moment on, The policeLast night, just wash the clothesAll trials he must have a lawyer present, Unless the suspect signed waiver to give up looking for the power of attorney or is actively looking for the policeLast night, just wash the clothesThe conversation. Otherwise in the detention of prisoners(Including by the policeLast night, just wash the clothesPolice detained, In prison)Do statement can not be used as evidence. Find the information in these confession evidence and so on are"The fruit of the poisonous tree", They do not assume the hall.
A policeLast night, just wash the clothesPolice interrogation of prisoners and the standards, The Supreme Court hadNA decision, Have into have retreat, Very tortuous, For example, this year they also made a decision, That the two did not know the suspect found a lawyerLast night, just wash the clothesPolice interrogation he obtained information can be in the form of church. After the play if referred to those decisions later.

 

Uncorroborated accomplice statement Without an accomplice confession evidence

As the saying goes, the thief bite into the three, An accomplice confession is easy to be a jury, While the accomplice has since admitted that he had committed method, A noble character is not where to go, And bite out of others' motives(For example, in order to commutation), So there is no circumstantial evidence(The witnesses or evidence), Only the accomplice confession or testimony is not convicted, Even if the jury to believe his testimony.

 

Criminal conspiracy Conspiracy, Promote the crime
The concept of crime of our country no collusion, American is very common. What is called a conspiracy, With the accomplice, Those who don't like accessory, Collusion is two or more than two people together to do something illegal. As long as these people to reach a consensus, They made a conspiracy, Some state laws they actually don't need to do anything, As long as they can prove that they reach this agreement can be convicted, Some states require a person to do what matter to the illegal goal.
On the other hand, You want to prove that a few people reach a consensus on the most convenient way is to prove that every one of them for the illegal goal what matter. Otherwise, Unless there are third circumstantial evidence, Or a video tape manifesto like Dongdong, You are difficult to prove that a few people really conspiracy, Because even a confession, His confession is not enough to prove someone guilty. (See a note)
ConspiracyThis word usually translated as in other contexts"Plot", I personally feel that people"Plot"Rob a small supermarket seem abstruse, So I basically is translated into collusion. Once the decision of conspiracy, Accessory even what didn't do, Also will be punished, But is subject to the same punishment with the principal. So the great conspiracy charges. Article15Episode, The policeLast night, just wash the clothesPolice and prosecutors tried by conspiracy to catch a bunch of people. At the clinic bombing, The captain said the start of another person responsible for the call, So this is collusion case, Because the conspiracy case more serious.
In addition, When the conspiracy, Prosecutors did not everyone compulsory prosecution involved. The two person conspiracy, He can only prosecute a. If the second person's identity One's whereabouts is a mystery, You can say that is the prosecution"An unidentified"
Other promotion with conspiracy to commit crime is relatively light, The key is that, Prior to the principal not collusion. That we may not be easy to understand.

 

The difference between Depraved Indifference and Reckless Endangerment The difference between the disregard of life death and reckless endangerment crime
The first season of the discussion in a post ask"Clinic bombing inRoseWhy the accused"Two degree murder"Rather than"A class of non premeditated murder" This involves the American law"Ignore the life death"The difference between the definition and it with other types of crime. A copy of my reply

Depraved indifferenceIt is an upgraded version of the non premeditated murder, Some statesManslaughter, Some states are two degree murder. "Ignore the life death"Don't need a murderous intent(intent),The key is a serious disregard for human life, Risk of doing things, For example, from the building to under the busy streets throw boulders. Another key is the criminal's psychological state, This is theDepravedMeaning, Like the second setMirandaJJShoot, She was the two little A FeiProvoked (Anger, Stimulation, I just mean that), So she accused is guilty of manslaughterRosePut the bomb, Serious than shoot, And she doesn't have any legally effectiveExcuseTo reduce crime, So she was charged with two degree murder.

Depraved indifferenceDefinition is very difficult, Also very fuzzy, Many states do not have this concept, Some states have this concept, But is is not premeditated murder, New York, it is a two degree murder. The definition of New York also often have to fine tune, For example, they put this crime from a few years ago"Objective standards"Changed"On the basis of subjective criteria" That is to say if the prosecutor, judge and jury that the accused committed"Ignore the life death"Sin, It can be convicted of the crime. From the point of view that the prosecutor, If he's sure the jury convicted, Then the indictment he only wrote this crime, If you do not grasp, He wrote with involuntary manslaughter, Then let the jury to make their own choice.
According to another state sometimes'Ignore how many lives"To determine whether the former or the latter8Such, The animals father shall be sentenced to light one accusation.

 

RICO and predicate acts Anti organized crime legal organization method and erosion"Preparatory"Crime

RICOFull name isRacketeer Influenced and Corrupt Organizations Act Anti crime organization erosion legal organization law
Here is mainly in theRICOThis background to explain what is calledPredicate acts"Preparatory"Crime. A gang or criminal organizations like ordinary company, Division staff *, Some people when the beater, Have a person responsible for to pass, Someone money laundering, Someone talks, Wait. For example, the gang to the illegal acquisition of a company, First they have robbed the shop, Gather together20Million, Take the2Million to buy a company executive, The business secret revealed to them, They use the business secret to the company under, Finally18Million yuan by the company. So in front of the robbery, Bribery is all"Preparatory"Crime, The ultimate aim is to encroach on the company. Because of great harm, So American government crackdown"Preparatory"Crime and organized crime70Time passed"Anti crime organization erosion legal organization law" The law that the lawyer uncle said, Is the atomic bomb grade. It's very simple elements of conviction1 You make any twoRacketeeringSin(racketeeringMoney laundering is referred to as blackmail and impose exactions on bribery and so on gangs often make dozens of severity of crime2 You made the two crime through your enterprise, As long as the federal prosecutors to prove these two, You're gone, Guan10To20Years in federal prison, Your property, Company confiscated. But because of you is the federal government survey, Great power, People more money, Spare neither labor nor money, Bite to bite until death, Squeeze every drop of your, So the blackGreen thin straight lines shortAgencyGreen thin straight lines shortOrganization against very strong. From the angle of criminals, By the federal governmentRICOTo tell the words, To plead guilty or absconded with the money situation is the most sensible choice, Otherwise, I've worked hard since so many bad things between accumulated resources are owned by the federal government's night.

 

Appearance of impropriety The surface of unfair

America civil service standards of conduct strict, In addition to the misconduct cannot really outside, It seems on the surface of suspected misconduct is not allowed. For example USA Bar Association law on judges requirements in this respect is very strict. What is called the surface unfair? Just as a citizen or a lay perspective, He believes that the unfair is suspected of unfair. This regulation is liable to lay oneself open to suspicion suspicion.

 

Discovery Evidence discovery motion

DiscoveryIs"Discovery motions"Abbreviation. America law in order to ensure both parties fully prepare for trial, Allow both parties to submit evidence discovery motion, All the evidence is to a judge for get the master. Some of the lawyers for both sides to make trouble for the other, Will send a truck files to the other, And his critical evidence, For example, a bank statement or a letter in the recipe or businessEmailLi sent together. It is not illegal, Don't give the show away. In general the evidence discovery motion can be adjusted each other master book, Sound recording, Record, The report, Photo　, Clothing, Fingerprint, Blood etc., But only the evidence itself, Can not adjust the other lawyers and experts on the evidence to explain.

 

Motion to suppress/exclude/in limine/dismiss...Motion

In addition to the evidence discovery motion, The lawyers on both sides can also put forward other motion, For example, proposed the judge not to adopt certain testimony evidence, The defendant or offer a separate trial, The judge dismissed the case or proposal.

The prosecution/defense rests The prosecution or defense in case

May not always be the case, When one asks all witness, The party was the case ended, They can't summon new witnesses, Unless it is to refute the other party to provide new or new witness testimony, In case that one party cannot be completed in a crime/Defence Theory. When the General Court, The first is a case, But occasionally the first time.

 

Hostile witness Uncooperative witness

The other witnesses when you cross examination, Automatically if not cooperating witness, You can also call a witness, Then apply to judge him as a witness to treat non cooperation. The biggest difference between the parties and witnesses are witnesses, You can ask the witness guidance is not the problem of cooperation, For example"You see the last Tuesday night at the hotel, No, not at all?" This problem has been suggested, Instead of leading questions will be asked"Where you last Tuesday evening?" And then asked to see the accused of this thing.

Hearsay / statement against (penal) interest Rumors/The witness to testify

In general the rumors are not as the court testimony, But sometimes there are exceptions, For example, emergency workers heard dying victim said"The man who killed me wearing green vests" Sometimes the judge will allow such testimony. Another is often allowed there"Rumors of the adverse" For example, the witness said"The accused said he sold my laptop computer is stolen from a store", He said these words to their interests(Especially on the criminal law interest)Lossy, Because he admitted receiving stolen goods. American legal thought"Double-edged sword"What people don't do, So it is worth listening to. As for whether the judge allowed, Whether the jury believed, That's another pair of shoes... Can be in the form of third kinds of rumors hall is"Excited utterance" (Excited the beans), For example, say a suspect just killed a man, Just be a witness against, He said the suspect"He hit me first", Then run. To the court when the, He does not admit that he killed those people, At this time the witness will play, He was excited under reporting leakage mouth.

Double jeopardy Non bisnin idem

The prosecution for the same person with a crime prosecution only once, This is called non bisnin idem, Even after the trial found conclusive evidence, The chance to spend no. An exception is the"Mistrial"Invalid trial, The invalid trial can be the judge's decision, Can also be a court of appeal, All the way to the Supreme Court decisions. Other circumstances, As long as the jury was sworn had a tribunal, All the past, The case was dismissed for lack of evidence, The prosecution cannot sue.

Order to show cause Statement of reasons for the command
Statement of reasons for the command refers to judge issued requirements a party to testify that the opposite party or the judge's proposal, and the judge should not approve the proposal for a court order to judge, 116A bad judge signed this command requires the prosecution to prove why not allowed bail, And then only to the clerk in a few minutes, Cannot find the prosecutor if no objection toMascucciTo put.

 

Prima facie Surface irrefutable evidence

The prosecution was at the end of each case criminal elements are proved, If the defendant cannot provide forceful retort, The prosecution can win, So the prosecution will"It proves that from the surface"This case. This concept is around, Chinese no, It is hard to turn Chinese meaning clear, Are interested can look atEnglishInterpretation. The prosecutor's duty, Although the literary works often say"They needProve beyond reasonable doubt (To prove that can excludeReasonableThe degree of suspicion)", In fact it is not, As long as they can from the surface to prove that the defendant is guilty, Then the suspicious point defence counsel a dispel, Will be able to win. They do not need to remove common people or the defense lawyer unexpectedly. Because the jury is usually composed of common people, There are few experts, So the jury few particularly strange ideas.