Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
59
questions
2
votes
1answer
98 views
Jury completes deliberations, but a juror dies before the verdict is read
Suppose a person is on trial for a serious crime and the case has been sent to the jury.
After some deliberation, the jury comes up with a guilty verdict. Before it is read in court, one of the ...
0
votes
1answer
54 views
In the US, what are the steps that lead to prosecution (or otherwise)?
In the US, what are the steps that lead to prosecution (or otherwise)?
By way of example
Rep. Maxine Waters (D-Calif. ) traveled to Minnesota this weekend,
urging protesters to "stay in the ...
2
votes
1answer
57 views
Follow-up question about summary only offence
I am following on from a question that I posted here.
Person A: Reported suspect for one indictable offence.
Person B: Reported suspect for several summary only offences.
I understand based on the ...
1
vote
1answer
132 views
Can an attorney be arrested whilst representing their client in court?
In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision.
Here's a summary.
...
2
votes
1answer
104 views
Can illegally obtained evidence be used in favor of the defendant in a criminal case?
Regarding US law, my general understanding is that if evidence was obtained in an illegitimate way (e.g. under false pretenses), then it may be inadmissible as evidence to support a conviction in a ...
1
vote
2answers
151 views
Law enforcement requesting passwords from companies?
Could UK law enforcement enforce s.49 of RIPA 2000 on a company outside the UK, say Snapchat, Facebook, or Google, in order to retrieve a user's hashed password from their database to log into that ...
3
votes
1answer
59 views
Trying a foreigner in the United States - praticalities
I am reading this press release of the U.S. Attorney’s Office for the
Northern District of California.
The attorney states that:
Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United
...
8
votes
1answer
1k views
“Does not put forward a case inconsistent with the confession” of guilt
In New Zealand, duties of defence lawyers require them to "not put forward a case inconsistent with the confession" if the defendant confesses his/her guilt to them (13.13.2(a)).
What ...
20
votes
9answers
4k views
What happens if a prosecutor refuses to file charges?
Inspired by the answer to a previous question I asked.
Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
2
votes
2answers
209 views
Should I retain a criminal defense lawyer just in case?
Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison ...
4
votes
0answers
115 views
Why does the prosecutor get both the first and the last word at trial?
In the U.S., rules of court have the prosecutor in a criminal trial giving the first opening statement, followed by the defense's opening statement; and then the final closing statement, after the ...
1
vote
1answer
128 views
Recourse for prosecution whose witness suddenly changes their story on the stand
Say prosecution has a witness who saw the defendant do the crime and is happy to testify it on the stand.
But when they take the stand, they suddenly surprise the prosecution by saying they did not ...
1
vote
1answer
43 views
Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States
If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her?
(This question comes up in ...
4
votes
5answers
3k views
Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?
In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment".
Can I be ...
0
votes
2answers
84 views
Judge's change of sentence
In a criminal case, can a Judge change his sentence to give a lesser punishment for the crime committed on request of the lawyer of the client who had filed the case?
Example: The Judge has given a ...
-1
votes
1answer
79 views
Is there a way to file a criminal complaint to report fraud and copyright incidents in Germany anonymously?
Is there a way to file a criminal complaint to report fraud and copyright incidents in Germany anonymously?
What is the right way and what requirements are needed to present evidence via email or ...
3
votes
1answer
100 views
If the grand jury refuses to indict, can the prosecutor try again?
A prosecutor seeks an indictment for Charge X, but the grand jury returns a no-bill.
Is the prosecutor free to seek another indictment on Charge X from the same grand jury, or from a different one? ...
3
votes
1answer
59 views
Does failure to present a charge to a grand jury leave that charge open for future indictment?
In the fatal shooting of Breonna Taylor the Kentucky Attorney General presented a case to a Grand Jury, but the only indictment was for wanton endangerment. Recently this Washington Post story and ...
3
votes
1answer
214 views
Powers of Entry when it is summary-only offence
I was watching this YouTube video by Crimebodge. At 10:10 he explains that the police only have powers of entry to arrest somebody for indictable offences (like rape), and not for summary offences (...
2
votes
2answers
145 views
Are defense attorneys allowed to display the law to the jury?
This may sound kind of crazy, but I think in many cases things go against defendants because the jury simply does not know what the law is. A judge's instruction is not the same as a juror actually ...
0
votes
1answer
48 views
hearing date keeps getting extended - Ukraine
Sequence of events:
November 2019: Person A and Person B are caught shoplifting at a major grocery chain in Lviv
December 2019 - February 2020: Deposition/Discovery happens. First hearing. They plead ...
28
votes
5answers
9k views
Can a judge suggest to the jury that a witness is lying?
I was recently party to a preliminary hearing in a criminal case in which a 911 call was played. The content of the 911 call was very beneficial to the defendant. During the hearing, the judge said ...
4
votes
2answers
151 views
If a judge evidences a misunderstanding of the law is that grounds for an appeal?
In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
0
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2answers
245 views
Which amendment does this violate?
Bob requests a lawyer to be present while the police interview him after being arrested. The police just laugh.
11
votes
3answers
3k views
I was racially abused at a public park. What legal actions can I take?
I was racially abused at a public park. Basically out of no where he called me a terrorist. I ignored him. After a while he came directly to me and ask me to go away and said this is Australia.
The ...
0
votes
0answers
36 views
Is coordination of testimony by witnesses against court rules?
Is it against the rules of criminal procedure for witnesses to consult with each other for the purpose of coordinating their testimony in court?
I ask because when I read police reports written by ...
0
votes
2answers
74 views
23&me used in criminal investigations?
...Ok not literally.
But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person.
We know that DNA ...
2
votes
1answer
58 views
What sort of framework am I looking for seeking a quick execution?
As advised on a previous question, I've decided to ask a more localised question for this question. For those unaware, I am trying to write a book where the character gets executed in the USA, 2019, ...
4
votes
1answer
119 views
Can a prisoner choose not to be autopsied after execution or is it a legal requirement?
I'm a writer so I've been trying to do some research for one of my MCs who ends up getting executed but has the ability to come back from the dead, preferably with a body intact so an Autopsy isn't ...
1
vote
0answers
409 views
What's the shortest amount of time can someone wait on death row before execution?
I am a writer where in my spy-novel, a character faces execution in the US, most likely by Lethal Injection, however, there are people in the government that want to speed the date of execution up ...
0
votes
1answer
84 views
How can these two people be proven innocent until proven guilty? [closed]
I lost some money and USB cable in my bag.
On this particular day I asked for a usb cable from a female workmate who was still on her assignment and I was as well on an asignment in a different ...
1
vote
1answer
102 views
What happens if one of the two accused flees the country?
Context: I'm watching a series on Netflix called Brooklyn Nine-nine, a comedy series. No spoilers please. I'm fond of law stuff and I don't know much about laws in the US, I live somewhere in Asia, by ...
0
votes
1answer
20 views
Indictment and prosecution in different U.S. districts
Can a person be prosecuted in any district other than the district in which the original indictment was filed? Does this require some sort of special procedure?
3
votes
1answer
85 views
What decisions can a Judge make after the Prosecution withdraws a case?
Background
In the news, the prosecutors for Michael Flynn recently withdrew their case for the reasons stated in this court brief.
However, Flynn has already pleaded guilty as mentioned several ...
2
votes
2answers
130 views
Can a lawyer change his client's plea?
In the 1987 movie, The Untouchables, there is a courtroom scene in which Al Capone's lawyer spontaneously announces that his client wants to change his plea to guilty and Capone displays his ...
2
votes
2answers
151 views
Can the state change its mind about dropping charges?
If a person is indicted on criminal charges, but before trial the state decides to "drop the charges," can the state later bring the same charges?
I'm actually not even certain what formal actions ...
0
votes
1answer
57 views
Can a person communicate confidentially with a criminal court about a sentence?
I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence. If a Judge is contacted by an interested person to request such a reconsideration,...
5
votes
1answer
353 views
Can defendants switcheroo whenever they want?
Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The ...
9
votes
2answers
240 views
Getting the bodycam video from NYPD for a traffic violation
I got a bike ticket for going through a red light.
I don’t think I did.
The officer confirmed that he was wearing his body cam and that it was on.
How do I go about getting the bodycam video? I ...
0
votes
1answer
65 views
Case Converted Nolle Prosequi
Jurisdiction: Albuquerque, NM - US
Is it normal for a criminal case not pursued, originating October 2014, to have a disposition “Converted Nolle Prosequi” on August 2016, almost 23 months after the ...
-1
votes
2answers
155 views
At gas station parked pumping gas can an officer search the rental without my consent? [closed]
I am at the gas station, I go inside and put money on my pump, the gas station is crowded. I have a rental car its a 93 Mercedes the registration tags are expired I am returning the car tomor to ...
11
votes
2answers
2k views
Summary Proceeding in New Zealand - Denying liability but not requesting a hearing
I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21.
I have been served notice, and have denied liability for the defense. (I have ...
1
vote
3answers
604 views
Can police charge someone with a misdemeanor in the total absence of evidence?
In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
3
votes
1answer
396 views
Can multiple lawyers speak for the same party at trial?
I know that sometimes a party in a civil or criminal trial will show up with multiple lawyers. Can any of their lawyers speak at the trial? For example, if an objection is made to questioning of a ...
3
votes
2answers
302 views
Is the statement “I/we am/are pressing charges” incorrect?
In the media and in everyday life it is common to hear things like:
"Are you going to press charges?"
"Did Bob Press charges?"
"I am going to press charges against that jerk"
Or something along ...
0
votes
1answer
43 views
Are Jurors informed about jurry Nullification [duplicate]
Are jurors in US criminal trials informed that they can rule contrary to the law as given by the Judge (aka "jury nullification") by the judge or by any official source? What happens when juries do "...
5
votes
2answers
319 views
If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
-2
votes
2answers
992 views
Innocent until proven guilty in Germany?
My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
2
votes
2answers
460 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 ...
3
votes
2answers
212 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 ...
