Questions tagged [criminal-procedure]

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What is the writ equivalent of habeas corpus, but for punishments other than detention

Exactly as the title suggests. What is the writ equivalent of habeas corpus, but for punishments other than detention? For example monetary fines, etc.
Myself's user avatar
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Criminal proceedings for a criminal who committed crimes in multiple countries

If a criminal from another country (say Australia) were to commit crimes there and flee to the United States, what government would track him? After capture, would he be returned to the Australian ...
bookloverKM's user avatar
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1 answer
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Can police lie about your rights?

If you ask a police person a question about your rights can they lie? Are they allowed to remain silent when you ask them a question about your rights?
Neil Meyer's user avatar
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23 votes
2 answers
7k views

To what extent can US police lie to a suspect?

I believe it is common knowledge that American police are allowed lie to a suspect, but how far can they go? Can they say / show a suspect things like these examples-- We have a witness who saw you ...
Alfie's user avatar
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0 answers
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Can lawyers perform actions for the sole purpose of delay if the client is facing the death penalty?

This answer contains the remark: Lawyers are also officers of the court and are specifically prohibited from taking actions in litigation with the sole purpose of delay. (The analysis would be ...
adam.baker's user avatar
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Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)

Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
BakedAlaska624's user avatar
1 vote
1 answer
110 views

Public Access to Records of Criminal Proceedings

Follow-up to this question Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to ...
user11421's user avatar
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6 votes
2 answers
1k views

Victim Anonymity in Criminal Proceedings

Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to the local prosecutor's office....
user11421's user avatar
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-1 votes
1 answer
141 views

DUI blood tests - keeping them out

Imagine the following hypothetical situation. Officers Jones has arrested Joe Average for driving under the influence of an illegal drugs. The case looks very promising for the prosecution and the ...
Paul59's user avatar
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0 votes
1 answer
58 views

An arraignment in Georgia

A hypothetical person is scheduled for an arraignment on a misdemeanor charge. His attorney files a motion with the court to postpone the arraignment. Assuming the court agrees with the motion, ...
Paul59's user avatar
  • 77
2 votes
1 answer
159 views

Can the government compel a witness to testify against an accused criminal?

In a criminal trial, the 6th Amendment to the US Constitution guarantees that the accused has the right to a "compulsory process for obtaining witnesses in his favor." Meaning that a person ...
Wes Sayeed's user avatar
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Criminal procedure to dismiss a case

When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
user2065068's user avatar
3 votes
2 answers
134 views

Are there lines of reasoning that can only be introduced into a case via an expert witness?

Say some technical question is important to a court case. One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion. Is the other side allowed ...
interfect's user avatar
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1 vote
2 answers
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Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?

It's been said that the recent re-arrest of an FBI informant on the same charges is "unprecedented", in particular because it was done by going to a different judge than the original ...
the gods from engineering's user avatar
0 votes
2 answers
100 views

Justice delayed [closed]

I just rec'd. a summons to have a pre-trial conference re.- a traffic ticket that is dated > 4 yrs. ago (turn w/o signaling). I have no recollection of it. Presumably, the NY municipality will ...
user2065068's user avatar
3 votes
1 answer
91 views

When would defence agree to an agreed statement of facts?

Another answer on this site uses an "agreed statement of facts" as a device to focus the answer on the law. It includes several facts that go towards establishing the actus reus and mens rea ...
Jen's user avatar
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6 votes
1 answer
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Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
HelloDarkWorld's user avatar
6 votes
1 answer
2k views

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

I once observed a trial of some disruptive protestors at magistrates where the magistrate read her verdict/ruling out along with all of her reasoning used to reach it. Her deliberations appeared to ...
TylerDurden's user avatar
-3 votes
3 answers
219 views

Judge being Guilty

Assume there is a criminal trial, where somehow defence proves the judge to being a criminal. In this scenario, does the judge leaves the bench and his authority over the case is removed? Based on ...
Aitzaz Imtiaz's user avatar
-1 votes
2 answers
163 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
9 votes
1 answer
3k views

Why is theft triable either way?

Section 7 Theft Act 1968 defines theft as an offence: A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. However, it makes no ...
TylerDurden's user avatar
15 votes
4 answers
5k views

Can a person plead guilty without being charged?

If a person has committed a crime punishable by a fine and was not caught, but wants to pay the fine for moral reasons, is it possible to plead guilty and pay the fine without being charged with a ...
Someone's user avatar
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13 votes
1 answer
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What if Miranda rights aren't read?

So I know that it's not quite like you see in TV and movies where a dead-to-rights murderer or rapist will just walk free because the arresting officer forgot to read their rights during the arrest. ...
Ethan's user avatar
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6 votes
1 answer
194 views

Where does the idiomatic term “caution+3” come from?

As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
TylerDurden's user avatar
13 votes
3 answers
4k views

Can you ever be certain that you will not be tried for an alleged crime?

Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes: The police investigate and a ...
shellster's user avatar
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3 answers
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What is the closest equivalent to criminal compensation orders in other jurisdictions?

In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
TylerDurden's user avatar
2 votes
1 answer
44 views

Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?

Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
TylerDurden's user avatar
22 votes
1 answer
2k views

When did criminal discovery rules substantially form?

The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides. For ...
Greendrake's user avatar
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10 votes
1 answer
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Why does so much time elapse between guilty verdict and sentencing?

Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024. Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
feetwet's user avatar
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0 votes
1 answer
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Why is Mr. E (recent NZ rape convict) full name abbreviated in the appeal judgment?

It is common practice in the U.K. to anonymise sexual assault victims’ identities in court filings, but why in this NZ case are all the parties’ names apparently withheld?
TylerDurden's user avatar
2 votes
1 answer
777 views

Why were the sentencing remarks for Anne Sacoolas available online?

What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
TylerDurden's user avatar
-1 votes
1 answer
71 views

Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?

According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
TylerDurden's user avatar
0 votes
1 answer
136 views

If an unlawful search uncovers evidence unrelated to the subject of the search, can the subject have the evidence suppressed?

So, I binged on the Illustrated Guide To Law a while back, and I have been wondering about this page. In it, a defendant's right to object to a search is denied because he didn't have standing to ...
HAEM's user avatar
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0 votes
1 answer
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Which countries have provisions for e-summons (e-mail, whatsapp, fax, etc.)? Please share specific guidelines, rules, news articles would also work [closed]

I'm researching electronic summons, which are served electronically through e-mail, messaging services, fax, etc. Although I have found guidelines from some Indian states, I'm looking for e-summon ...
deprivedoftea's user avatar
3 votes
2 answers
680 views

What is the purpose of a victim impact statement?

In criminal proceedings there is an option for victims to make a Personal Statement (also referred to as an impact statement) as to how the crime affected them emotionally. What function does this ...
TylerDurden's user avatar
-1 votes
1 answer
136 views

The Judge would not allow a guilty plea at the arraignment, and put in a plea of not guilty. What comes next? [closed]

From my research, the most likely reason is that the judge was only following procedure, when it became apparent the client did not have legal counsel. In this case, the client is charged with ...
hermancain's user avatar
9 votes
2 answers
2k views

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was ...
Very Tiny Brain's user avatar
7 votes
2 answers
3k views

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
uhoh's user avatar
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-4 votes
6 answers
289 views

In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?

Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
Dennis Francis Blewett's user avatar
6 votes
1 answer
2k views

Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor

I need help understanding in plain language the last few sentences of the following exchange between CNN's anchor Dana Bash and CNN's Chief Legal Analyst (and former federal prosecutor) Laura Coats in ...
uhoh's user avatar
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-5 votes
1 answer
334 views

Gaslighting ; criminal or civil

Gaslighting can be extremely damaging. Like Gang-Stalking, it is near impossible to prove it executed correctly. How can gaslighting be prosecuted as a crime?
Artemus hutchens's user avatar
2 votes
4 answers
161 views

Are there any offences for which one does not have any right to elect a jury trial?

Certain offences are indictable only, some triable either way. Are there any that are considered so trivial as to be unworthy of the crown court’s resources?
TylerDurden's user avatar
4 votes
2 answers
342 views

Discovery of Evidence - Context, Significance and Meaning?

(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process". Is the Prosecution also ...
abelenky's user avatar
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8 votes
1 answer
4k views

Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial? Given ...
JohnFx's user avatar
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38 votes
3 answers
9k views

Why and when would an attorney be handcuffed to their client?

While reading about the trial of Hans Reiser I came across this peculiar sentence: On Monday, July 7, 2008, Reiser led police to Nina's shallow grave in the Oakland Hills. Reiser's attorney, William ...
pipe's user avatar
  • 482
39 votes
4 answers
6k views

Why did this US prosecutor keep asking whether documents would refresh a witness's memory?

Background I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial. The ...
Steve V.'s user avatar
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0 votes
1 answer
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Section 9 Criminal Justice Act applicable to family law?

Nuanced, procedural thing. In the UK law system: Witness statement Position statement Statement of truth Statement under oath Criminal Procedure Rules 2020 Under section 9 of the Criminal Justice ...
Silly mistakes in the past's user avatar
0 votes
1 answer
64 views

Probation Before Judgment

In a case that has the disposition Probation Before Judgement, what happens at the end of the probation period (assuming no violation of the probation)? Does the defendant need to do anything (i.e. ...
Ron Trunk's user avatar
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8 votes
2 answers
3k views

Why are charges sealed until the defendant is arraigned?

The indictment against Trump is sealed until he's arraigned. I am confident that the public (especially the legal community) is curious as to the exact charges. Why not release the charges to the ...
gatorback's user avatar
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1 vote
1 answer
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Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?

Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
TylerDurden's user avatar