11:44
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Simple English definitions for legal terms
capital case
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A quick definition of capital case:
Capital case: A capital case is a serious criminal case where the defendant may face the death penalty if found guilty. These cases can take many years to resolve and require a lawyer who knows the law and can protect the defendant's rights. The American Bar Association has guidelines for lawyers who represent defendants in capital cases, but not following these guidelines does not necessarily mean the defendant's rights have been violated.
A more thorough explanation:
A capital case is a legal case where the defendant could face the death penalty if found guilty. These cases usually involve first-degree murder charges, either due to premeditation or the felony-murder doctrine.
Unlike other criminal cases that may be resolved quickly, capital cases can take up to ten to fifteen years to litigate after the sentence is imposed. Therefore, it is crucial for the lawyer to know the applicable law and protect the defendant's rights.
For representation in capital cases, the American Bar Association (ABA) has published guidelines for lawyers to follow. However, not following these guidelines does not necessarily mean that the defendant's constitutional rights have been violated.
Example: John is accused of premeditated murder, and if found guilty, he could face the death penalty. This is a capital case, and John's lawyer must be well-versed in the law and ensure that John's rights are protected throughout the legal process.