Questions tagged [criminal-procedure]

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4answers
135 views

Why does it take so long to get a guilty verdict in obvious cases?

I am not a lawyer and TV has definitely not been an accurate representation of the law. So I'm hoping to get some clarification on things here: Today we learned that the person who committed the ...
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2answers
74 views

How can a defendant in a criminal prosecution move a court in a way that no oral statements of the defendant be considered in its adjudication?

1.a Can you "plead the Fifth" (“Silence”) at the end of the sole written brief of a motion and stipulate that no waiver, express or implied, to Silence can be deemed valid or legal unless ...
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2answers
119 views

If you represent yourself, do you have a constitutional right to the assistance of counsel in a criminal prosecution?

In other words: Do you have a right to the assistance of counsel if you elect to assume charge of the strategic and tactical control of your own defense in a criminal prosecution and elect to speak ...
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2answers
64 views

Can the US Federal Government Initiate Prosecutions in State Courts?

Does the federal government have the authority to file criminal actions in state courts?
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2answers
128 views

What statute or case law provides a right to access by the defendant if represented by appointed counsel?

UPDATED BASED ON COMMENTS The public must be provided a reasonable access to all records public. Does the sealed documentation need to be unsealed even if only the defendant wants to inspect or obtain ...
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2answers
118 views

If a person keeps making business promises to deliver but does not deliver (Scams), could this be considered a Crime?

I know one person who approaches many business for services and defaults on his promise to deliver. Basically he takes the money and simply runs away. This has happened multiple times and people say ...
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2answers
297 views

Defendant's right to surprise prosecution at trial

Common law disclosure obligations between prosecutors and defendants appear to be imbalanced: prosecutors basically have to disclose everything they have on defendants defendants have to disclose ...
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6answers
9k views

Can a legally sentenced but escaped offender be legally executed by a drone attack?

Imagine the fictional situation: someone (e.g. a U.S. citizen) commits a capital offense, he is arrested and legally sentenced to death. Then he somehow escapes. His hiding place is discovered, and ...
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1answer
45 views

Can you cross examie during preliminary hearing in Illinois?

In the state of Illinois, during a preliminary hearing on a criminal charge, can a judge refuse to let the defendant and his lawyer cross examine the state's sole witness?
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0answers
53 views

Can a defense attorney switch the defendants in court? [duplicate]

Can a defense attorney switch the defendant in court to prove that a witness can't recognize him? (Like Saul Goodman did.) What would be the consequences?
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5answers
4k views

"Innocent until proven guilty" doesn't apply to bail?

How does the law reconcile the "innocent until proven guilty" principle with the treatment of those awaiting trial on criminal charges? At least in the U.S., it seems like there is a meta-...
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1answer
179 views

Staying anonymous as a witness in Germany

Alice witnessed an altercation in a public park in which a knife was pulled, but nobody was hurt. The police were called, the offender fled the scene but stayed in the vicinity. Since Alice saw ...
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2answers
4k views

What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?

This is a bit of follow-up to this situation, although the question is different and things got much worse. According to a recent poll, 40% of San Francisco residents are considering moving out of the ...
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1answer
42 views

What crimes can lead to a house arrest in Austria?

I am writing a piece of fiction in which the protagonist is put under house arrest after a bar brawl. This happens in modern-day Austria. House arrest means he is not allowed to leave the city without ...
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0answers
39 views

For the purposes of the 1963 Vienna Convention on Consular Relations, is being ordered to and appearing before a court "detention" under any charges?

As a criminally charged person before the court, are you detained or are you free to go while before the court per the order of the court to be present in a criminal hearing? International Law 1963 ...
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3answers
4k views

What would happen if there is an attempt by police to deceive a judge to get a warrant?

Would I be correct in saying that police have a duty to fairly represent the facts to a judge when they attempt to get a warrant to search premises? Is there some sort of oversight in regard to how ...
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2answers
112 views

Can a citizen of the European Union receive legal aid or legal representation in a 3rd country from the EU?

The UK, for one, has a program which is probably a sort of remnant of its past EU membership where the government provides legal aid in European countries, (incl. EU, EEA and other countries) ...
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1answer
165 views

Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?

There's no physical evidence that a man convicted of a murder in Addison, Ill. is guilty. Instead, his conviction is mostly based on the testimony of three friends, all of whom later recant. May a ...
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1answer
68 views

If the state is involved in a civil matter, can it use its criminal evidentiary powers against the other party?

I will preface this question by say I am a total layperson when it comes to the law so forgive me if I mix up ideas here. This question is based on the recent news that the EU is suing AstraZeneca for ...
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1answer
130 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 ...
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1answer
60 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 ...
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1answer
68 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 ...
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1answer
143 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. ...
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1answer
162 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 ...
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2answers
157 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 ...
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1answer
62 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 ...
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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 ...
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1answer
170 views

Miranda warning - requirement to be "read"

Colloquial commentary, TV cop-shows and the like often make reference to the Miranda warning being read to a suspect although this is not mentioned within the linked Wikipedia article. The dictionary ...
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9answers
5k 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 ...
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2answers
226 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 ...
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0answers
130 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 ...
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1answer
174 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 ...
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1answer
48 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 ...
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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 ...
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2answers
102 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 ...
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1answer
80 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 ...
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1answer
131 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? ...
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1answer
64 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 ...
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1answer
360 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 (...
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2answers
152 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 ...
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2answers
101 views

Can a Ukranian court change a hearing date without the accused being present?

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 ...
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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 ...
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2answers
162 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 ...
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2answers
251 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.
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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 ...
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2answers
78 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 ...
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1answer
75 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, ...
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1answer
290 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 ...
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0answers
535 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 ...
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1answer
91 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 ...