what type of challenge is one in which the attorney states

How many states allow peremptory challenges in criminal cases?

During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions. If the defendant is found guilty, the State's Attorney recommends a sentence for the judge to determine and may have to argue the case again in an appeal to a higher court.

What is a Batson challenge in law?

Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney? Peremptory challenge A(n)__ witness is one who can truthfully and accurately testify on a fact in question without having specialized training of knowledge.

What happens at a state's attorney trial?

Aug 24, 2020 · In a lawsuit-happy country like the United States, sometimes the law and court system can seem especially overwhelming. There are attorneys for every type of case imaginable, so finding the right one can feel like a hassle. Luckily for you, here’s a quick list of ten popular types of attorneys — these broad categories will simplify some of the legal process for you.

What is the right of peremptory challenge?

In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the presiding judge and …

What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury Group of answer choices?

Juries: peremptory challenges. Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge.

What type of trials conducted without a jury in which a judge makes the determination of the defendants guilt or innocence?

bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is the questioning of an opposing witness during trial called?

cross-examination. the questioning of an opposing witness during trial. direct evidence.

Which of the following are challenges to prospective jurors who an attorney believes is biased?

Prospective jurors who have biases or conflicts of interest can be challenged for cause and discharged. Each side may also discharge a certain number of prospective jurors without giving any reasons; these are called peremptory challenges.

What kind of trial has a jury as the finders of fact and a judge for sentencing?

In a jury trial, the jury is entrusted with fact-finding; in bench trial, the judge necessarily must find the facts as well as make conclusions of the law.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.Sep 2, 2021

What is exonerating evidence?

In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared based on new evidence of innocence.

What kind of evidence tends to prove a defendant's innocence?

Exculpatory evidence is any reasonable evidence that tends to show the defendant's innocence.Sep 8, 2021

What is it called when an attorney argues?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

What is the opposing lawyer called?

Brother/Sister: When speaking to the court, attorneys often refer to opposing counsel as “My Brother” or “My Sister”. The attorneys are not related, they use this reference because they are looked upon as brethren in the law. Burden of Proof: The duty to prove disputed facts.

What is questioning a witness called?

When you question your own witnesses, this is called direct examination. On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is a Commonwealth's Attorney?

States that refer to themselves as commonwealths, such as Virginia and Kentucky, refer to them as Commonwealth's Attorneys [source: Commonwealth's Attorneys Services Council ]. State's Attorneys generally represent a defined geographic area, such as a county, judicial district or judicial circuit. These generally hold the title ...

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

What happens before a trial?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

What is a grand jury?

Grand juries are independent groups of citizens charged with reviewing evidence to determine if there'sprobable cause to proceed with an indictment on criminal charges.Feder al criminal prosecutions require a grand jury to find probable cause to return an indictment.

The 10 Types Of Attorneys You Need To Know

In a lawsuit-happy country like the United States, sometimes the law and court system can seem especially overwhelming. There are attorneys for every type of case imaginable, so finding the right one can feel like a hassle.

1. Intellectual Property Attorney

If you have questions regarding copyrights, trademarks, patents, or trade secrets, these are the attorneys for you. While it may not seem like it, intellectual property attorneys have been involved in some of the most humorous and bizarre cases out there — just check out this romance author’s trademark case.

2. Personal Injury Attorney

If you’ve suffered injuries on the job, in a car, or even on the job, a personal injury attorney can help you receive compensation for damages or injuries caused.

3. Corporate Attorney

Primarily useful if you own a corporation, corporate attorneys can help with compliance, governance, and formation issues.

4. Immigration Attorney

An immigration attorney can help you deal with visas, green cards, and, broadly any type of citizenship or asylum issues you may have. Generally overworked and underpaid, they play an especially pivotal role in many people’s lives.

5. Criminal Attorney

The type of lawyer famous on crime television shows, criminal attorneys can help with bail, arrest, pleas, and your constitutional rights.

6. Tax Attorney

Helpful to both individuals and companies, tax attorneys can help untangle the many complications that roll around every spring. They can help with local, state, and tax laws — so hopefully, your IRS troubles aren’t too taxing.

How many jurors can challenge a defence in Hong Kong?

Unlike England, no statutory change has been made to abolish the right. Each party of the defence is entitled to challenge up to a maximum of five jurors without providing cause.

What is the right of peremptory challenge?

In American and Australian law, the right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e. by giving a good reason why they might be unable to reach a fair verdict, ...

Why are peremptory challenges controversial?

The use of peremptory challenges is controversial as some feel it has been used to undermine the balanced representation on a jury which would occur using random selection. While courts are not allowed to strike out entire groups of people from a particular jury, some would argue that peremptory challenges give individual parties this power (Yeazell 624). This reach of power has allowed, and still can allow, attorneys to simply strike out groups of people, even if just on a whim (e.g. all football fans may be struck from the jury). However, in the criminal case Batson v. Kentucky, 476 U.S. 79 (1986), it was held that the prosecution's actions of striking groups of people based on race violated parties' right to equal protection. This holding was further applied to civil cases in 1991 ( Edmonson v. Leesville Concrete Co., 500 U.S. 614 (1991)). Despite this, it still remains in use in several jurisdictions and in some cases leads to extensive and expensive jury research, aimed at producing a favorable jury.

How many peremptory challenges are there in Canada?

The number of challenges awarded to each of the prosecutor and the defense depended on the type of charge and maximum potential sentence. Twenty challenges were awarded in cases for high treason and first degree murder, twelve challenges for offenses with a maximum penalty greater than five years, and four challenges for jury eligible offenses with a penalty of five years or less; However, in cases where the judge orders that thirteen or fourteen jurors be sworn in as opposed to the usual twelve, both the prosecution and the defense received one additional challenge per additional juror seat.

What is the super majority in jury duty?

In most (if not all) jury systems a super-majority (or unanimity) is required to convict (e.g. in the UK over 83% of jurors are required for a conviction - a 10 to 2 majority can be accepted if a unanimous decision cannot be reached).

When were peremptory challenges first used?

Peremptory challenges were first used in England not many years after the assizes of Clarendon of 1166 allowed jury trials. When the concept was first introduced into the jury system, the maximum number of peremptory challenges allowed was thirty-five.

Which countries allow peremptory challenges in jury selection?

Australia. See also: Jury trial § Australia. All Australian states allow for peremptory challenges in jury selection; however, the number of challenges granted to the counsels can vary between states.

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

What is the role of the Attorney General?

The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice .

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.