Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

critical stages of proceedings

Read a random definition: de replegiore de averiis

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.

critical legal theory | cross-appeal

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
LSD+ is ad-free, with DMs, discounts, case briefs & more.