Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. A variation in civil law countries is the peremptory plea, which may take the specific forms of autrefois acquit or autrefois convict. These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
In the United States, a district attorney (DA), state's attorney, prosecuting attorney,commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include county attorney, solicitor, or county prosecutor.
A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries, including the UK, Hungary and Singapore, and some states of Australia, provide people with public defenders. Brazil is the only country in which an office of government-paid lawyers with the specific purpose of providing full legal assistance and representation to the needy free of charge is established in the constitution. The Sixth Amendment of the US Constitution requires the US government to provide free legal counsel to indigent defendants in criminal cases, and public defenders in the United States are full-time lawyers employed by or under contract with the state or federal governments.
Bruce Robert Jacob was an Assistant Attorney General for the State of Florida during the early 1960s. He represented Wainwright, the Director of the Florida Division of Corrections, in the Supreme Court case of Gideon v. Wainwright, decided in March 1963, regarding the right to counsel of indigent defendants in non-capital felony cases in state courts. The attorney representing the Petitioner, Clarence Gideon, was Abe Fortas, a Washington, D.C. lawyer who later became a Justice of the Supreme Court. The previous 1942 Supreme Court case of Betts v. Brady required the appointment of counsel for an indigent defendant at state expense if there was a “special circumstance” present in the case which made it necessary for counsel to be provided for the defendant to receive a fair trial. For example, if the defendant was indigent and was extremely young, or lacked education or experience, was unfamiliar with court procedures, or if the charges against him were complex, the trial court was required under the Due Process Clause of the Fourteenth Amendment to appoint counsel. The Court in Gideon overruled Betts and required state courts to appoint attorneys for defendants in all felony prosecutions.
The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.
Malfeasance in office is often grounds for a just cause removal of an elected official by statute or recall election. Malfeasance in office contrasts with "misfeasance in office", which is the commission of a lawful act, done in an official capacity, that improperly causes harm; and "nonfeasance in office," which is the failure to perform an official duty.
Right to counsel means a defendant has a right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect.
The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges.
The Illinois Appellate Court is the court of first appeal for civil and criminal cases rising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in writing, in the form of a published opinion or an unpublished order. As of 1935, decisions of the Illinois Appellate Court became binding authority upon lower courts in Illinois.
Griffin v. Illinois, 351 U.S. 12 (1956), was a case in which United States Supreme Court held that a criminal defendant may not be denied the right to appeal by inability to pay for a trial transcript.
Douglas v. California, 372 U.S. 353 (1963), was a case before the United States Supreme Court.
M.L.B. v. S.L.J., 519 U.S. 102 (1996), was a Supreme Court of the United States case regarding a controversy over the Fourteenth Amendment. The petitioner, M.L.B., argued that the Mississippi Chancery Courts could not terminate her parental rights on the basis that she was unable to pay the court fees. M.L.B. had been sued by S.L.J. to terminate M.L.B.'s parental rights and gain the ability to adopt the children. The judge declared in favor of S.L.J. under the premise that the decree was fair, as it was based on the fulfilling of the burden of proof by the father and his second wife with "clear and convincing evidence."
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."
The Judiciary of Illinois is the unified court system of Illinois responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.
The headquarters of the Maryland Office of the Public Defender is located in the William Donald Schaefer Tower; Suite 1400, 6 St. Paul Street, Baltimore, MD 21202. Paul B. DeWolfe is the Public Defender.
The Public Defender Service (PDS) for the District of Columbia provides legal defense to individuals on a court-appointed basis for criminal and delinquency cases indigent adult and juvenile defendants/ respondents. Its Mental Health Division provides representation to persons facing involuntary civil commitment based on allegations that the person is a danger to self or others as a result of mental illness. Its parole division represents parolees charged with violating parole and facing revocation before the United States Parole Commission. PDS also provides other legal-related services in DC.
In the United States, a public defender is an attorney-at-law appointed by the courts and provided by the state or federal governments to represent and advise those who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments. The public defender program is one of several types of criminal legal aid in the United States.
Gregory Keith Harris is an American lawyer serving as the United States Attorney for the Central District of Illinois.