Guilt (law) in the context of "Prison system"

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⭐ Core Definition: Guilt (law)

In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being factually guilty of a criminal offense means that one has committed a violation of criminal law or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or "factfinder" (i.e., a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial, a judge acts as both the court of law and the factfinder, whereas in a jury trial, the jury is the trier of fact and the judge acts only as the trier of law.

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Guilt (law) in the context of Arrest

An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.

Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID.

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Guilt (law) in the context of Prison

A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are imprisoned under the authority of the state, usually as punishment for various crimes. They may also be used to house those awaiting trial (pre-trial detention). Prisons serve two primary functions within the criminal-justice system: holding people charged with crimes while they await trial, and confining those who have pleaded guilty or been convicted to serve out their sentences.

Prisons can also be used as a tool for political repression by authoritarian regimes who detain perceived opponents for political crimes, often without a fair trial or due process; this use is illegal under most forms of international law governing fair administration of justice. In times of war, belligerents or neutral countries may detain prisoners of war or detainees in military prisons or in prisoner-of-war camps. At any time, states may imprison civilians – sometimes large groups of civilians – in internment camps.

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Guilt (law) in the context of Show trial

A show trial is a public trial in which the guilt or innocence of the defendant has already been determined. The purpose of holding a show trial is to present both accusation and verdict to the public, serving as an example and a warning to other would-be dissidents or transgressors.

Show trials tend to be retributive rather than corrective, and they are also conducted for propagandistic purposes. When aimed at individuals on the basis of protected classes or characteristics, show trials are examples of political persecution. The term was first recorded in 1928.

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Guilt (law) in the context of Frameup

In the United States criminal law, a frame-up (frameup) or set-up is the act of falsely implicating (framing) someone in a crime by providing fabricated evidence or testimony. In British usage, to frame, stitch-up, or fit-up, is to maliciously or dishonestly incriminate someone or set them up, in the sense trap or ensnare.

While incriminating those who are innocent might be done out of sheer malice, framing is primarily used as a distraction. Generally, the person who is framing someone else is the actual perpetrator of the crime. In other cases it is an attempt by law enforcement to get around due process. Motives include getting rid of political dissidents or "correcting" what they see as the court's mistake. Some lawbreakers will try to claim they were framed as a defense strategy. Frameups may use conspiracy theories to hide the true crimes of the accused.

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Guilt (law) in the context of Cover-up

A cover-up is an attempt, whether successful or not, to conceal evidence of wrongdoing, error, incompetence, or other embarrassing information. Research has distinguished personal cover-ups (covering up one's own misdeeds) from relational cover-ups (covering up someone else's misdeeds).

The expression is usually applied to people in positions of authority who abuse power to avoid or silence criticism or to deflect guilt of wrongdoing. Perpetrators of a cover-up (initiators or their allies) may be responsible for a misdeed, a breach of trust or duty, or a crime.

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Guilt (law) in the context of Provocation (legal)

In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought). It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."

Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may however, lead to a lesser punishment. In some common law legal systems, provocation is a "partial defense" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter.

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Guilt (law) in the context of Plea

In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).

Under common law systems, a defendant who pleads guilty will be convicted if the court accepts the plea. The court will then determine and impose a sentence. Plea bargaining involves discussions between the prosecutor and defendants to reach an agreement for a guilty plea in exchange for a more lenient punishment.

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