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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted can, in many jurisdictions, not be tried a second time for the same offence. A jury verdict that is contrary t ...
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Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ...
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Judgment Notwithstanding Verdict
Judgment notwithstanding the verdict, also called judgment ''non obstante veredicto'', or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law, formerly called a directed verdict. In U.S. federal criminal cases, the term is "judgment of acquittal". In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict. The rarely-granted intervention permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions. A judge may not enter a JNOV of "guilty" following a jury acquittal in United States criminal cases. Such an action would violate a defendant's Fifth ...
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Sedition
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition. Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Roman origin ''Seditio'' () was the offence, in the later Roman Republic, of collective disobedience to a magistrate, including both military mutiny and civilian mob action. Leading or instigating a ''seditio'' was punishable by death. Civil ''seditio'' became frequent during the political crisis of the first century BCE, as pop ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Corrupt solicitation, acceptance, or transfer of value in exchange for official action." Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate (marketing), rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. However, giving a discount specifically to that employee to influence them to loo ...
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Writ Of Attaint
A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial. In criminal cases, the writ of attaint was issued at the suit of the Crown, and in civil cases at the suit of either party. The correctness of the verdict would be determined by a body known as the grand jury of attaint. This panel, consisting of twenty-four members, was twice the size of a normal trial jury. The party bringing the attaint could introduce only the same evidence that was originally given at trial while the jury whose verdict was questioned was allowed to present new matter. If it were found that an erroneous verdict had been given, the wrong was redressed, and the original jury was punished. The punishment inflicted was quite severe; at the common law, the judgement was: However, during the reign of Henry VIII, Parliament passed an act reducing the punishment to perpetual infamy and a fine. In criminal cases, it appears to have become obs ...
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Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the pe ...
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Sir Nicholas Throckmorton From NPG
''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymolo ...
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Shadow Defense
A shadow defense is a legal defense that cannot be sustained on its own merits but opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit. A "shadow defense" also may refer to a tactic by defending counsel that is not expected to be successful as a matter of law; it is, instead, a pretext for bringing information into the court that would otherwise be irrelevant and therefore inadmissible. An insanity defense might be used to present evidence about a person's troubled childhood, for instance, or a defendant might claim self-defense or duress in order to present evidence about an abusive relationship that nonetheless did not present an imminent mortal danger to the defendant. An entrapment defense opens the door to presenting evidence about the behavior of police and informants. It is reversible error for a trial court to refuse a jury instruction on a theory of defense after a defendant makes a threshold showi ...
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Stealth Juror
A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to non-verbal behavior connected with deception and identifying discrepancies between answers to oral ''voir dire'' and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws. Clay Conrad has stated that libertarian-minded voir dire members can and should increase their odds of getting on a jury by telling the prosecutors what they want to hear, without actually lying. Jurors who lie to get on a jury can be charged with such ...
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In Limine
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal (insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 * In ...
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