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Trial In Absentia
Trial in absentia is a criminal proceeding in a court of law in which the person being tried is not present. is Latin for "in (the) absence". Its interpretation 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 of 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 principles of natural justice, principle of natural justice, (hear the other party). In some Civil law (legal system), civil law legal systems, such as that of Italy, is a recognized and accepted defense 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...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 creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a 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 or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probable Cause
In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. One definition of the standard derives from the U.S. Supreme Court decision in the case of '' Beck v. Ohio'' (1964), that probable cause exists when “at he moment of arrestthe facts and circumstances within heknowledge f the police and of which they had reasonably trustworthy information, resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense.” Moreover, the grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment. The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of person and property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Cassation (Italy)
The Supreme Court of Cassation () 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 cannot be further appealed for t ... [...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 Student exchange program, 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 room. By the time the bloodstained fingerprints at the scene were identified as belonging to Rudy Guede, an Ivory Coast, Ivorian 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. Knox and Sollecito were released after almost four years following their acquittal at a second-level trial. Knox immediately returned to the United States. Guede was tried separately in a fast-track procedure, and in October 2008 was found guilty of the sexual assault and murder of Kercher. ... [...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 incarcerated in Italy after her wrongful conviction in 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 Italian Supreme Court of Cassation. In 2024, an Italian appellate court upheld Knox's slander conviction for falsely accusing Patrick Lumumba of murdering Kercher. Knox, aged 20 at the time of the murder, called the police after returning to her and Kercher's apartment after 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, Lumumba, in the murder. Initially, Knox, Sollecito, and Lumumba were all arrested for Kercher's murder, but Lumumb ... [...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 William Russell. 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 review ... [...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 on 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 174 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, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land border, as well as List of islands of Italy, nearly 800 islands, notably Sicily and Sardinia. Italy shares land borders with France to the west; Switzerland and Austria to the north; Slovenia to the east; and the two enclaves of Vatican City and San Marino. It is the List of European countries by area, tenth-largest country in Europe by area, covering , and the third-most populous member state of the European Union, with nearly 59 million inhabitants. Italy's capital and List of cities in Italy, largest city is Rome; other major cities include Milan, Naples, Turin, Palermo, Bologna, Florence, Genoa, and Venice. The history of Italy goes back to numerous List of ancient peoples of Italy, Italic peoples—notably including the ancient Romans, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand In The Czech Republic
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and criminal charge, 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 "jail" is instead the main terminology. Detention before charge is commonly referred to as Arrest, custody and continued detention after conviction is referred to as Detention (imprisonment), imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, pretrial detention in liberal democracy, liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
