Nov 05, 2018 · Interrogatory questions sent from the defendant to the plaintiff in a slip and fall case might include: Please identify all medical facilities and/or physicians from whom you received medical care or treatment following this incident. Please describe, in detail, how the incident occurred. If you were wearing footwear at the time of the incident ...
When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare. A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer. A judge probably won't grant a continuance if:
The factors a judge will be considering when imposing a sentence upon the defendant may include the defendant's age and criminal history. A judge may also take into consideration the victim’s impact statements and the circumstances that were involved when the crime was committed. The judge may also determine if there was any remorse shown by ...
Defendants who are charged in federal district court can ask to waive a jury, but the court and the prosecutor must agree. The defendant’s waiver must be in writing and done knowingly and voluntarily. Interestingly, the judge must find the defendant guilty or not guilty; there’s no judicial counterpart to a hung jury.
A straw man fallacy occurs when someone takes another person's argument or point, distorts it or exaggerates it in some kind of extreme way, and then attacks the extreme distortion, as if that is really the claim the first person is making. Person 1: I think pollution from humans contributes to climate change.
An example of a slippery slope argument is the following: legalizing prostitution is undesirable because it would cause more marriages to break up, which would in turn cause the breakdown of the family, which would finally result in the destruction of civilization. Related Topics: fallacy.
This fallacy consists in diverting attention from the real issue by focusing instead on an issue having only a surface relevance to the first. Examples: Son: "Wow, Dad, it's really hard to make a living on my salary." Father: "Consider yourself lucky, son.
When one makes a hasty generalization, he applies a belief to a larger population than he should based on the information that he has. For example, if my brother likes to eat a lot of pizza and French fries, and he is healthy, I can say that pizza and French fries are healthy and don't really make a person fat.
How to respond to slippery slope argumentsPoint out the missing pieces of the slope. ... Highlight the disconnect between the different pieces of the slope. ... Point out the distance between the start and end points of the slope. ... Show that it's possible to stop the transition between the start and end points.More items...
In a slippery slope argument, a course of action is rejected because, with little or no evidence, one insists that it will lead to a chain reaction resulting in an undesirable end or ends. The slippery slope involves an acceptance of a succession of events without direct evidence that this course of events will happen.
Examples of Non Sequitur Fallacy Since you are a good person, therefore, I'm a good person.”) or “Denying the Antecedent” (“If I'm an adult, then I'm intelligent. I'm not an adult. Therefore, I'm not intelligent.”). They defy the basic rules of reason and are usually based upon unsound arguments.
The terms “false dilemma” and “false dichotomy” are often used interchangeably. Example: You can either get married or be alone for the rest of your life. False dichotomies are related to false dilemmas because they both prompt listeners to choose between two unrelated options.
2. When you are late getting home-past curfew-you distract your parents by talking to them about the weather-how cold it is, or how rainy it is.
Description: The argument attempts to persuade by provoking irrelevant feelings of sympathy. Examples: "You should not find the defendant guilty of murder, since it would break his poor mother's heart to see him sent to jail."
To avoid hasty generalizations, make sure you provide sufficient and appropriate evidence to support your conclusions. Post hoc, ergo propter hoc (Latin for "after this, therefore because of this") asserts that one event caused another because it preceded it.
The is-ought fallacy occurs when the assumption is made that because things are a certain way, they should be that way. It can also consist of the assumption that because something is not now occurring, this means it should not occur.
Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer. A judge probably won't grant a continuance if: the defendant has unreasonably delayed in getting a new attorney. the defendant has another attorney who is prepared for trial.
the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...
The Sixth Amendment guarantees criminal defendants the right to counsel, but that right has limitations. Defendants have the right to counsel of their choosing —within reason. When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare. A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer .
Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.
Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.
A judge has the capacity to impose a sentence and then immediately suspend it, which means that the sentence will not be carried out. A suspended sentence is usually given to first time offenders in the hope that this will give these first timers the incentive they need to stay out of trouble and fearful of being caught again. Another reason sentences are suspended is to deal with overpopulation of our jails when there is not enough room to house the convicted criminals of less serious crimes.
The Pre-Sentence or Probation Report. After a defendant has been found guilty or entered a guilty plea for a crime, a pre-sentence report, also known as a probation report, will be prepared for the judge. The judge will use this report to help decide the appropriate sentence to give the defendant. These reports are usually done by an independent ...
Imposing the Sentence. The judge imposes a sentence upon a defendant who has been convicted or who has pled guilty to a crime. There are guidelines specific guidelines set by law for particular crimes such as the amount of fines, length of imprisonment, jail time or probation. These guidelines may set the minimum and maximum amount ...
The factors a judge will be considering when imposing a sentence upon the defendant may include the defendant's age and criminal history. A judge may also take into consideration the victim’s impact statements and the circumstances that were involved when the crime was committed. The judge may also determine if there was any remorse shown by the defendant for committing the crime. Essentially, a judge may take into account all factors that both provide satisfaction to victims that the offender has been punished as well as sufficient rehabilitative factors that would prevent the defendant from committing the crime again. The judge must also consider all federal laws and mandatory sentencing requirements in the specific crime that was committed.
Jail sentences usually involve being incarcerated for up to one year, while a prison sentence can mean being behind bars for up to a lifetime. Jails are run by the city or county government while prisons are run by the federal or state government.
Until 1930, a criminal defendant’s right to a jury trial was understood as a requirement that a jury hear the case unless a law specifically gave the accused the option of a bench trial. In that year, the Supreme Court decided a case that indirectly paved the way towards bench trials. The Court held that it was okay for a defendant to agree that eleven jurors would decide his case after the twelfth juror fell ill. The judges went on to say that once you dispense with the twelve-person jury, you may as well bless the no-jury approach as well. ( Patton v. United States, 281 U.S. 276 (1930) .)
You’re no doubt familiar with the Constitutional guarantee of a trial by jury, contained in the Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury….”. But now and then, a criminal defendant wants to forego the jury and have the judge alone hear and decide the case.
Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?
In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).
If the defendant refuses to waive time in response to the prosecutor’s request for a continuance, the case can be dismissed. And even when the defendant has waived time, the prosecutor must obtain the court’s approval for a continuance.
Speedy Trial Rights and Requirements. For the reasons above, speedy trials are required by statute in most states, which set “speedy trial” windows. Defendants can give up these speedy trial protections by “waiving time,” but even when they do, continuances are explicitly disfavored. In spite of this general approach, ...
At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea. Defendants who have not secured counsel may ask for a postponement to give them time to hire a lawyer. These requests are usually granted, but not indefinitely.
The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial. Most of the time, the lower court’s ruling is undisturbed, unless the higher court finds that it is unsupported by the evidence or due to flagrant abuse of discretion.