Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
2
votes
2answers
96 views
Can you sue the prosecutor in a criminal proceeding?
If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
4
votes
1answer
75 views
Can defense request findings of fact before resting?
Hypothetical scenario: A victim is identified with documented injuries consistent with having been struck with a weapon. The police find and charge a person (now "Defendant") that they claim ...
1
vote
2answers
77 views
Can NGROI defense be argued after a guilty verdict?
tl;dr: In the U.S., can a "not guilty by reason of insanity" (a.k.a., NGRI or NGROI) defense be offered after a guilty verdict but before sentencing?
In criminal prosecutions in the U.S. it is common ...
6
votes
5answers
249 views
Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?
This question is about the legality of a possible defence tactic that might be used in a criminal trial. Suppose that a criminal trial occurs, and the defendant is not already in custody when the ...
17
votes
5answers
3k views
How is the burden of evidence distributed between parties?
I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument.
Here's an ...
1
vote
1answer
284 views
What does a trial for Terrorism look like in France?
I'm a writer, and need help for a book that takes place in Paris.
According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
1
vote
1answer
54 views
What protocol is used in the case of Pleading Insanity?
I'm a writer, and in this chapter, the defendant is on trial for acts of terrorism. But he is pleading insanity, with no psychological evaluation because "his actions speak for themselves."
What ...
0
votes
1answer
32 views
Get power of attorney for someone in another state to handle matter in a third state
My brother want's me to obtain a power of attorney to handle a legal matter for him, we are in different states, and the legal matter is in a third state. How can I go about it in the least painful ...
2
votes
2answers
252 views
Can courts do anything to prevent criminal trials being delayed for many years?
You may remember in the news some time ago a fatal shooting allegedly motivated by the victim texting in a movie theater. Well, a date for the trial has finally been set - more than 5 years after the ...
5
votes
2answers
272 views
Does collateral estoppel apply in a criminal case?
Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case?
Two hypotheticals:
A woman sues the police for violating ...
