Kara Sears
The term defendant refers to a person who has been accused of committing a criminal offence or offences. In the United States, the Federal Rules of Criminal Procedure outline the rights and requirements of defendants during legal proceedings, including their presence at arraignments, pleas, and trials. For example, Rule 43 states that a defendant must be present at the initial appearance, arraignment, and plea, as well as every trial stage. The term defendant is commonly used in legal contexts, and understanding its meaning and associated rules is crucial for navigating the justice system.
| Characteristics | Values |
|---|---|
| Defendant's Presence | Defendant must be present at the initial appearance, the initial arraignment, and the plea; every trial stage, including jury impanelment and the return of the verdict |
| Defendant's Absence | Defendant need not be present at a conference held by the court and counsel where the subject of the conference is an issue of law. In minor infraction cases, the defendant may be allowed to absent themselves. |
| Defendant's Exclusion | The judge has the power to exclude the defendant from the courtroom when circumstances warrant such action. |
| Defendant's Silence | A person suspected of committing an offence does not have to say anything from the time they are questioned by police through to the end of the trial. |
| Defendant's Testimony | The defendant can use their statement in court, but it may be used against them and not in their favour. |
| Defendant's Plea | The defendant can plead guilty in exchange for a concession by the prosecutor, which may include lesser charges, a dismissal of charges, or a recommendation for a more lenient sentence. |
| Defendant's Appeal | The defendant can appeal after a trial, asking another court to decide whether the trial was conducted properly. |
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Defendant's presence
The defendant's presence in court is a critical aspect of the legal process, and their right to be present is protected by law. This right, however, is not absolute and can be waived under certain circumstances.
Right to be Present
The defendant's right to be present during legal proceedings is a fundamental principle in criminal law. This right is enshrined in Rule 43 of the Federal Rules of Criminal Procedure, which states that the defendant has the right to be present during proceedings against them. Similarly, Criminal Procedure Rule 18 in Florida guarantees the defendant's right to be present at all critical stages of a criminal proceeding, including arraignment, entry of plea, pretrial conference, trial proceedings, jury view, rendition of verdict, and imposition of sentence.
Waiver of the Right
While the right to be present is important, it can be waived in specific situations. For example, in non-capital cases, a defendant may waive their right to be present by voluntarily absenting themselves after the trial has commenced. This is permitted under Rule 43 and supported by caselaw, as seen in Crosby v. United States. Additionally, a defendant can forfeit their right to be present by engaging in disruptive behaviour in the courtroom, as ruled in Illinois v. Allen. In such cases, the court may employ measures such as binding and gagging the defendant, citing them for contempt, or removing them from the courtroom until they agree to behave appropriately.
Virtual Presence
In certain circumstances, a defendant's presence may be facilitated through video teleconferencing, as an alternative to physical presence. This method is permitted only with the defendant's written consent and the court's permission. While virtual presence may be valuable when a defendant cannot attend in person, it cannot replace the intangible benefits of actual presence, especially during the determination of guilt and sentencing.
Critical Stages
Determining the "critical stages" during which the defendant's presence is constitutionally mandated is left to judicial interpretation. Generally, these stages include all trial proceedings and other instances where the defendant's substantial rights are at stake. The sixth amendment to the United States Constitution also guarantees the defendant's right to confront witnesses at trial.
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Plea deals
A plea deal, also known as a plea bargain or agreement, is an agreement between the defendant and prosecutor where the defendant agrees to plead guilty in exchange for a concession by the prosecutor. This may include lesser charges, a dismissal of charges, or a recommendation to the judge for a more lenient sentence.
In the context of plea deals, the defendant must be aware of their rights and the potential consequences of their plea. For example, by pleading guilty, a defendant typically waives their right to a trial, the right to confront witnesses, the right to be presumed innocent until proven guilty, and the privilege against self-incrimination. It is important to note that a guilty plea, once made, ordinarily "waives all nonjurisdictional defects," meaning adverse rulings cannot be appealed without the time and expense of a trial.
Additionally, statements made during plea discussions are generally inadmissible if they are "'made in connection with, and relevant to,' an 'offer to plead guilty.'" This is to protect the integrity of the plea negotiation process and encourage defendants to be candid. However, there are exceptions, such as when the defendant makes a statement against interest or a prior inconsistent statement, which may be used as evidence.
In conclusion, plea deals are an important aspect of the criminal justice system, allowing for the efficient resolution of cases while also providing defendants with an opportunity to receive more lenient treatment in exchange for accepting responsibility for their actions. However, it is crucial for defendants to fully understand their rights and the implications of their decisions before agreeing to any plea deal.
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Preliminary hearings
A preliminary hearing is a court proceeding that occurs before a criminal trial to determine whether there is sufficient evidence for the defendant to stand trial. It is a "trial before the trial", where the prosecution presents evidence to support the criminal charges, and the defence can challenge weak evidence. The prosecution must show that enough evidence exists to charge the defendant, and witnesses may be called to testify.
The purpose of a preliminary hearing is to decide whether there is enough evidence for the case to proceed to trial, either a jury trial or bench trial. The judge does not decide whether the defendant is guilty or not guilty but whether there is a logical basis for the prosecution, and whether the government has enough evidence to reasonably believe that a crime was committed. If the judge decides that there is insufficient evidence, the case will not proceed to trial, and the court may dismiss the charges.
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Appeals
An appeal is a request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. Both the plaintiff and the defendant can make an appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons, including improper procedure and asking the court to change its interpretation of the law.
Rules of Appeal
The Federal Rules of Appellate Procedure outline the process of appeal in the US. An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. The appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply with Rule 3(d).
Grounds for Appeal
Although it may vary by state or by the type of case that is being appealed, the grounds for an appeal typically include the judge making an error of law, an error regarding the facts, or abusing their discretion. An "error of law" generally means that the judge applied the wrong rule or "legal standard" to the facts of the case. For example, in custody cases, a judge must determine what is in the child's best interests. Most states have laws setting forth certain factors that must be considered, typically called "best interests factors". If one of those factors is whether or not a parent committed domestic violence but the trial judge ignores domestic violence evidence, there may be grounds to appeal based on an error of law.
Challenges
It is important to note that establishing a trial judge's factual error is the most difficult ground for appeal. Appellate courts will generally not overturn a factual finding unless it is clearly wrong and the record leaves absolutely no question that the judge was wrong.
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Admissible evidence
To be admissible, evidence must also be genuine and not fabricated, contrived, forged, or materially altered. A witness or a rule is used to confirm that the evidence is authentic. Before evidence can be admitted for trial, the circumstances of its collection and preservation must be identified, and several foundational facts must be established by the attorney seeking its admission.
In some countries, such as the United States and, to an extent, Australia, there is an exclusionary rule that proscribes the prosecution from using evidence obtained in violation of constitutional law, rendering relevant evidence inadmissible. This rule was effectuated federally in 1914 under the Supreme Court case Weeks v. United States and incorporated against the states in 1961 in the case Mapp v. Ohio, both of which involved warrantless searches of the petitioners' homes.
The concept of "rule of law" is distinct from the "rule of man," where one person or group of persons rule arbitrarily. The rule of law is based on the idea that all people and institutions within a political body are subject to the same laws, often stated as "no one is above the law" or "all are equal before the law." This principle has been traced back to ancient civilizations, including ancient Greece, Mesopotamia, India, and Rome, and was popularized in modern times by British jurist A. V. Dicey.
Federal Rules of Criminal Procedure in the United States, such as Rule 43, deal with the presence of the defendant during the proceedings against them. For example, Rule 43 states that the defendant must be present at the initial appearance, the initial arraignment, the plea, and every trial stage, including jury impanelment and the return of the verdict. However, the rule also allows for the exclusion of a disruptive defendant from the courtroom and the sentencing of an absent defendant who has fled before sentencing.
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Frequently asked questions
A defendant is a person charged with committing a criminal offence or offences. Other words for the accused are "alleged offender" and "accused".
Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against them. It states that the defendant must be present at their initial appearance, arraignment, and plea, as well as every trial stage, including jury impanelment and the return of the verdict.
A plea deal, or plea bargain or agreement, is an agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor. This may include lesser charges, a dismissal of charges, or a recommendation for a more lenient sentence.
