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Simple English definitions for legal terms

critical stages of proceedings

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A quick definition of critical stages of proceedings:

A critical stage of proceedings is a very important part of a criminal case where the person accused of a crime gets the right to have a lawyer. If they don't get a lawyer at this stage, it can hurt their case later on. This right to a lawyer is based on the Constitution. A critical stage is any part of the case where the accused person needs to be there to defend themselves and make sure the case is fair. Examples of critical stages are when the person is on trial, being questioned by the police, or at some hearings before the trial.

A more thorough explanation:

Definition: A critical stage of proceeding is a term used in criminal procedure to describe the stage at which a person accused of a crime will receive the right to counsel. This right is based on the due process clause of the 14th amendment and the 6th amendment. If this right is denied, later proceedings will be prejudiced. A critical stage of proceeding is any stage in which the defendant's presence has a reasonably substantial relation to their ability to defend themselves. Further cases have concluded that a critical stage of proceeding is one in which the defendant's presence increases the fairness of the proceeding. Examples of critical stages of proceeding include trials, police interrogations, and some pre-trial hearings.

Examples:

  • Trials: A trial is a critical stage of proceeding because it is the stage at which the defendant's guilt or innocence is determined. The defendant's presence is necessary to ensure that they have a fair trial and can defend themselves against the charges.
  • Police interrogations: Police interrogations are a critical stage of proceeding because they can be used as evidence against the defendant in court. The defendant's presence is necessary to ensure that they are not coerced into making false confessions or statements.
  • Pre-trial hearings: Some pre-trial hearings, such as those related to bail or plea bargaining, are considered critical stages of proceeding. The defendant's presence is necessary to ensure that they have a fair opportunity to argue their case and make decisions that will affect the outcome of the trial.

These examples illustrate how the defendant's presence is necessary to ensure that they have a fair trial and can defend themselves against the charges. Without the right to counsel and the ability to be present at critical stages of proceeding, the defendant's rights may be violated and the outcome of the trial may be unfair.

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HopefullyInLawSchool
11:53
Another day another dollar
@cumsock: yeah lmao guy is such a prick, my bad i had to settle for vandy
lilypadfrog
11:54
he is a terrible writer. his personal writing blog is shockingly bad
@lilypadfrog: are there flowers on your lily pad?
11:55
how was your first day of classes @knowledge
@KnowledgeableRitzyWasp: what are legit side hustles you have seen people do in LS?
lilypadfrog
11:56
LSAT tutoring
That is not an option for me lmao
lilypadfrog
11:57
@KnowledgeableRitzyWasp: yeah there are a couple thanks for asking
HopefullyInLawSchool
11:57
Guys this UPenn wave looks fake
11:57
I genuinely hate places that call because it turns things into a day-long stress instead of just being like oop I didn't get an email oh well
Trismegistus
11:58
how does it look fake
pleasepleasepleas
11:58
does Michigan call or email?
TackyProudYogurt
11:58
I have missed every A call I have received because I have a job and they all call at like 11 am
Trismegistus
11:58
what an excellent problem to have
am I being dumb to even think I have a chance at penn
should I just give up hope now
11:59
i tutored for the lsat in college lol, i went to a rich people school so the parents were happy to shell out money to a kid who didnt even have an official score yet
12:00
you have a great shot bulldog
the R's are killing any confidence I had
12:01
reddit says penn is calling, also same the umich r that early was disheartening
wonder what cornblatt is doing rn
lilypadfrog
12:01
stroking it
PuppyBot
12:01
lmaooo
i knew those group interviews existed for nefarious purposes
jackfrost11770
12:03
Oh I'm straight up not getting decisions until March am I
jackfrost11770
12:03
Awesome
me too
lilypadfrog
12:04
getting a ton of t14 As in March probably feels so good if you’re jackfrost
@BulbasaurNoLikeCardio: nobody i know does a side hustle because law school 1L is legit insanely hard
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