defendant

Examples of defendant in the following topics:

• The Sixth Amendment and the Right to Counsel

  • Brewer goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, "arraigned on an arrest warrant before a judge" and "committed by the court to confinement . . . there can be no doubt that judicial proceedings have been initiated."
  • Subject to considerations such as conflicts of interest, scheduling, counsel's authorization to practice law in the jurisdiction, and counsel's willingness to represent the defendant (whether pro bono or for a fee), criminal defendants have a right to be represented by counsel of their choice.
  • Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict of interest.
  • Zerbst, 304 U.S. 458 (1938), the Supreme Court ruled that in all federal cases, counsel would have to be appointed for defendants who were too poor to hire their own.
  • A criminal defendant may represent himself, unless a court deems the defendant to be incompetent to waive the right to counsel.

• U.S. District Courts

  • A copy of the complaint is "served" to the defendant who must, subsequently, appear for a trial.
  • Meanwhile, criminal cases involve a U.S. attorney (the prosecutor), a grand jury, and a defendant.
  • The purpose of the grand jury is to review evidence presented by the prosecutor to decide whether a defendant should stand trial.
  • Most defendants will plead guilty at this point instead of going to trial.
  • Those defendants who plead not guilty will be scheduled to receive a later trial.

• The Collins Case

  • At its heart, the fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent.
  • For example, if a perpetrator is known to have the same blood type as a defendant (and 10% of the population share that blood type), to argue solely on that basis that the probability of the defendant being guilty is 90% makes the prosecutors's fallacy (in a very simple form).
  • The basic fallacy results from misunderstanding conditional probability, and neglecting the prior odds of a defendant being guilty before that evidence was introduced.
  • Therefore, it is less damaging to the defendant.

• Innate Immune Response

  • The immune system serves to defend against pathogens: microorganisms that attempt to invade and cause disease in a host.
  • The immune response that defends against pathogens can be classified as either innate or active.
  • The innate immune response is present in its final state from birth and attempts to defend against all pathogens.

• Defining and Defending Property Rights

  • The concept of property rights are closely related to the law in terms of defending the rights.

• The Rights of the Accused

  • Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defendant prove that s/he is innocent; any doubt is resolved in favor of the defendant.
  • Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").

• The Sixth Amendment and Jury Trials

  • The right to a jury has always depended on the nature of the offense with which the defendant is charged.
  • When, under the Fourteenth Amendment, the Supreme Court extended the right to a trial by jury to defendants in state courts, it re-examined some of the standards.
  • It has been held that twelve came to be the number of jurors by "historical accident," and that a jury of six would be sufficient, but anything less would deprive the defendant of a right to trial by jury.
  • Defendants may not challenge a conviction on the basis that a challenge for cause was denied incorrectly if they had the opportunity to use peremptory challenges.
  • The jury panel must represent a fair cross-section of the community; the defendant may establish that the requirement was violated by showing that the allegedly excluded group is a "distinctive" one in the community, that the representation of such a group in venires is unreasonable and unfair in regard to the number of persons belonging to such a group, and that the under-representation is caused by a systematic exclusion in the selection process.

• WBC Function

  • Each of the several types of white blood cells provide a specific major function in defending the body against infections.
  • Leukocytes (white blood cells) provide a number of functions that are primarily related to the immune system goal of defending the body from pathogens (foreign invaders).

• The Nuremberg Trials

  • One of the defendants, Martin Bormann, was tried in absentia, while another, Robert Ley, committed suicide within a week of the trial's commencement.
  • Some 200 German war crimes defendants were tried at Nuremberg, and 1,600 others were tried under the traditional channels of military justice.
  • Thomas Dodd showed a series of pictures to the courtroom after reading through the documents of crimes committed by the defendants.
  • The showing consisted of pictures displaying the atrocities performed by the defendants.
  • His notes detailing the demeanor and comments of the defendants survive; they were edited into book form and published in 2004.

• Plant Defenses Against Pathogens

  • Plants defend against pathogens with barriers, secondary metabolites, and antimicrobial compounds.