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Trial In Absentia
Trial in absentia is a criminal proceeding in a court of law in which the person who is subject to it is not physically present at those proceedings. is Latin for "in (the) absence". Its meaning varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation to a defendant's right to be present in court proceedings in a criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice, (hear the other party). In some civil law legal systems, such as that of Italy, is a recognized and accepted defensive strategy. Such trials may require the presence of the defendant's lawyer, depending on the country. Europe Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probable Cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision '' Beck v. Ohio'', is when "whether at he moment of arrestthe facts and circumstances within n officer'sknowledge and of which they had reasonably trustworthy information resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense." It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches ( unlawful search and seizure), and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Cassation (Italy)
The Supreme Court of Cassation ( it, Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome. The Court of Cassation also ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. Procedure The Italian Supreme Court of Cassation is the highest court of Italy. Appeals to the Court of Cassation generally come from the Appellate Court, the second instance courts, but defendants or prosecutors may also appeal directly from trial courts, first instance courts. The Supreme Court can reject, or confirm, a sentence from a lower court. If it rejects the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A sentence confirmed by the Supreme Court of Cassation is final and definitive, and cann ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meredith Kercher
Meredith Susanna Cara Kercher (28 December 1985 – 1 November 2007) was a British student on exchange from the University of Leeds who was murdered at the age of 21 in Perugia, Italy. Kercher was found dead on the floor of her bedroom. By the time the bloodstained fingerprints at the scene were identified as belonging to Rudy Guede, an African migrant, police had charged Kercher's American roommate, Amanda Knox, and Knox's Italian boyfriend, Raffaele Sollecito. The subsequent prosecutions of Knox and Sollecito received international publicity, with forensic experts and jurists taking a critical view of the evidence supporting the initial guilty verdicts. Guede was tried separately in a fast-track procedure, and in October 2008, was found guilty of the sexual assault and murder of Kercher. He subsequently exhausted the appeals process and began serving a 16-year sentence. On 4 December 2020, an Italian court ruled that Guede could complete his term doing community service. Gued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amanda Knox
Amanda Marie Knox (born July 9, 1987) is an American author, activist, and journalist. She spent almost four years in an Italian prison following her wrongful conviction for the 2007 murder of Meredith Kercher, a fellow exchange student with whom she shared an apartment in Perugia. In 2015, Knox was definitively acquitted by the Supreme Court of Cassation (Italy), Italian Supreme Court of Cassation. Knox, aged 20 at the time of the murder, called the police after returning to her and Kercher's apartment following a night spent with her boyfriend, Raffaele Sollecito, and finding Kercher's bedroom door locked and blood in the bathroom. During the police interrogations that followed, the conduct of which is a matter of dispute, Knox allegedly implicated herself and her employer, Patrick Lumumba, in the murder. Initially, Knox, Sollecito, and Lumumba were all arrested for Kercher's murder, but Lumumba was soon released. In the initial trial, Knox and Sollecito were convicted and s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fordham International Law Journal
The ''Fordham International Law Journal'' is a student-run law journal associated with the Fordham University School of Law. According to the Washington and Lee journal rankings, it is the 4th most cited student-edited international and comparative law journal in the United States. The current editor-in-chief is Samantha Ragonesi. History The Fordham International Law Journal ("the ILJ" or "ILJ") was established in 1977 at the Fordham University School of Law. It was founded at that time as the Fordham International Law Forum. The ILJ attracts contributions from prominent statespersons and members of the academic, legal, and political communities. ILJ pieces have been cited in numerous US federal court decisions, US Supreme Court briefs and decisions, international courts decisions, law review articles, and CFR and ALR annotations. The ILJ publishes five books annually covering diverse foreign and international legal topics and containing scholarly articles, essays, book revi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical region. Italy is also considered part of Western Europe, and shares land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates of Vatican City and San Marino. It has a territorial exclave in Switzerland, Campione. Italy covers an area of , with a population of over 60 million. It is the third-most populous member state of the European Union, the sixth-most populous country in Europe, and the tenth-largest country in the continent by land area. Italy's capital and largest city is Rome. Italy was the native place of many civilizations such as the Italic peoples and the Etruscans, while due to its central geographic location in Southern Europe and the Mediterranean, the country has also historically been home ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand In The Czech Republic
Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that he or she coul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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