Timeline for Can defense request findings of fact before resting?
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11 events
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| Mar 2, 2019 at 21:41 | comment | added | feetwet♦ | @MSalters: I began to look into the "alibi-notice rule" and its motivation is not entirely clear, but some notes suggest it prevents "an unnecessary interruption and delay in the trial to enable the government to conduct an appropriate investigation." | |
| Feb 26, 2019 at 22:15 | comment | added | Dale M♦ | @MSalters as mentioned, the prosecution must disclose all of their evidence before the trial | |
| Feb 26, 2019 at 21:03 | comment | added | feetwet♦ | @MSalters: That's a good question in itself. If you post it could you add a link to it in a comment here? BTW, I asked a question about the "insanity" plea along these lines. | |
| Feb 26, 2019 at 14:26 | comment | added | MSalters | I don't get how an alibi defense must be raised by the defense up front. Obviously, when the alibi defense entails not being present at the crime site at all, then that is reasonable. But when the prosecution tries to show the defendants presence on the crime site by reconstruction of his route towards there, it looks to me like you could have an alibi for part of the route. But you'll only know this once the prosecution claims a particular route. | |
| Feb 26, 2019 at 14:12 | comment | added | hszmv | An Insanity Defense hinges on whether the defendant's mental health impacted his knowledge of right and wrong (rather than solely if he was suffering from mental health issues). In the Jeffery Dalmer Case, the Prosection used the numerous ways Dalmer had taken steps to conceal his murders to argue that Dalmer while Dalmer did have some major health issues, he knew full well his actions were wrong at the time he committed the acts (read the details at your own risk... Dalmer was a very nasty serial killer). | |
| Feb 26, 2019 at 14:08 | comment | added | hszmv | It should be pointed out that Affirmitive Defenses have a lower burden of proof threshold than Conviction of Guilt in a Crime, so the Prosecution still has a lot more work than the Defense (all things being equal). For example, in the George Zimmerman Trial, neither side was able to prove who started the fight between Zimmerman and Travon Martin, but the Defense was able to prove that shooting occurred after the physical assaults had begun.+ | |
| Feb 26, 2019 at 4:51 | comment | added | ohwilleke | You are correct. | |
| Feb 26, 2019 at 4:44 | comment | added | Dale M♦ | @ohwilleke I believe an insanity plea must also be entered early | |
| Feb 26, 2019 at 4:36 | comment | added | ohwilleke | Indeed, there are two affirmative defenses: self-defense and alibi that, in many jurisdictions, must be raised by the defense before the prosecution commences their case in chief in order to be raised at all at trial, because these affirmative defenses dramatically change the nature of the facts that the prosecution must establish at trial. | |
| Feb 26, 2019 at 2:31 | history | edited | feetwet♦ | CC BY-SA 4.0 |
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| Feb 26, 2019 at 2:12 | history | answered | Dale M♦ | CC BY-SA 4.0 |