Mattawamkeag Criminal Lawyer, Maine, page 2
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28 Round Ln, West Enfield, ME 04493
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Lawyer.com can help you easily and quickly find Mattawamkeag Criminal Lawyers and Mattawamkeag Criminal Law Firms. Refine your search by specific Criminal practice areas such as DUI-DWI, Expungement, Felony, Misdemeanor, RICO Act, White Collar Crime, Traffic and Juvenile Law matters.
LEGAL TERMS
HABEAS CORPUS
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.
ELEMENTS (OF A CRIME)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to perm... (more...)
The component parts of crimes. For example, 'Robbery' is defined as the taking and carrying away of property of another by force or fear with the intent to permanently deprive the owner of the property. Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.
ACTUS REUS
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).
LEGISLATIVE IMMUNITY
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.
CORPUS DELECTI
Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
CIRCUMSTANTIAL EVIDENCE
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.
CRIMINAL CASE
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
DISCOVERY
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witness... (more...)
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.
HUNG JURY
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).
SAMPLE LEGAL CASES
State v. Blakesley
... This case arises from the efforts of one such noncitizen to avoid the potential deportation
consequences of criminal convictions by asking the Maine courts to acknowledge or revive ancient
writs in order to alter criminal convictions or sentences entered in Maine when the ...
State v. Mangos
... [¶ 10] The Sixth Amendment to the United States Constitution, made applicable to the states by
the Fourteenth Amendment, provides that "[i]n all criminal prosecutions, the accused shall enjoy
the right ... to be confronted with the witnesses against him...." US Const. amend. VI. ...
State v. Thurston
... GORMAN, J. [¶ 1] Darrell J. Thurston appeals from a judgment entered in the Superior Court
(Hancock County, Marden, J.) upon a jury verdict finding him guilty of assault (Class C), 17-A
MRS §§ 207(1)(A), 1252(4-A) (2008); and criminal mischief (Class D), 17-A MRS § 806(1)(A ...
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