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Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas, or pleas in bar, setting out reasons why a trial cannot proceed. Pleas of nolo contendere and the Alford plea are allowed in some circumstances.
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems where a judge investigates the case.
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn and a person guilty of this is a contemnor.
An indictment is a criminal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
A jury is a sworn body of people (jurors) convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England during the Middle Ages and are a hallmark of the Anglo common law legal system. They are still commonly used today in the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems are descended from English and later British legal traditions.
In law, a summary judgment is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
In U.S. law, a motion in limine is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.
The court system of Canada forms the country's judiciary, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
A courtroom sketch is an artistic depiction of the proceedings in a court of law. In many jurisdictions, cameras are not allowed in courtrooms in order to prevent distractions and preserve privacy. This requires news media to rely on sketch artists for illustrations of the proceedings.
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, federal and state statutes; federal and state rules of criminal procedure ; and state and federal case law. Criminal procedures are distinct from civil procedures in the US.
The judicial system of Syria is a synthesis of Ottoman, French, and Islamic laws. The civil, commercial and criminal codes are primarily based on the French legal practices. Promulgated in 1949, those laws have special provisions sanctioned to limit application of customary law among beduin and religious minorities. The Islamic religious courts continue to function in some parts of the country, but their jurisdiction is limited to issues of personal status, such as marriage, divorce, paternity, custody of children, and inheritance. Nonetheless, in 1955 a personal code pertaining to many aspects of personal status was developed. This law modified and modernized sharia by improving the status of women and clarifying the laws of inheritance.
The Supreme Court of the United States does not allow cameras in the courtroom when the court is in session, a policy which is the subject of much debate. Although the Court has never allowed cameras in its courtroom, it does make audiotapes of oral arguments and opinions available to the public.
Courtroom photographing, videotaping and broadcasting is restricted in many jurisdictions. The law varies from limited film and electronic media coverage in some countries, to a complete ban in others.
The Omnibus Counterterrorism Act of 1995, or US Senate bills S.390 and S.761. were two bills introduced by Senator Joe Biden and Senator Tom Daschle on behalf of the Clinton Administration on February 10, 1995. The bill was co sponsored by Senators Alfonse D'Amato, Dianne Feinstein, Bob Kerrey, Herb Kohl, Jon Kyl, Barbara A. Mikulski and Arlen Specter. Representative Chuck Schumer sponsored the bill in the US House of Representatives. Both bills were never put to a vote, although a significantly altered version of the House bill became law as the Antiterrorism and Effective Death Penalty Act of 1996.
The open court principle requires that court proceedings presumptively be open and accessible to the public and to the media.
The sentencing of Ben Oliver, a 25-year-old man convicted of the manslaughter of his grandfather, was the culmination of a Crown Court case in England and Wales, and the first example of a criminal court proceeding in England and Wales being televised. Oliver was convicted of killing his 74-year-old bedbound grandfather, David Oliver, of Mottingham, South East London, following a trial at the Old Bailey, where he had pleaded not guilty to murder. At the televised hearing, which took place in Court Two of the Old Bailey at 10 am on 28 July 2022, he was sentenced to life imprisonment with a minimum of ten years by Her Honour Judge Sarah Munro.
References
- ↑ Richardson, Ivor (2000), Courts and Access to Justice, The, vol. 31, Victoria U. Wellington L. Rev., p. 163
- ↑ Rule 53. Courtroom Photographing and Broadcasting Prohibited, Federal Rules of Criminal Procedure
- ↑ Pogorzelski, Wendy; Brewer, Thomas W. (2007–2008), How Television News Media Use Courtroom Footage, vol. 91, Judicature, p. 124
- ↑ "United States Senator Arlen Specter, Pennsylvania : News Room". Archived from the original on 2010-05-05. Retrieved 2010-05-15.
- ↑ http://thomas.loc.gov/cgi-bin/bdquery/z?d111:s.00657%5B%5D:
- ↑ http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h3054%5B%5D:
- ↑ "Recent Action in Two Circuits Highlights Issue of Cameras in the Federal Courtroom | Federal Evidence Review". Archived from the original on 2010-02-08. Retrieved 2010-05-15.
- ↑ Hearing on: H.R. 2128, the "Sunshine in the Courtroom Act of 2007"