Questions tagged [criminal-procedure]

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1answer
23 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 ...
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3answers
1k 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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1answer
60 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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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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0answers
30 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 ...
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2answers
67 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
50 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
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1answer
109 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
86 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
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1answer
78 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 ...
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1answer
77 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 ...
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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?
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2answers
76 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 ...
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2answers
129 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 ...
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1answer
52 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
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1answer
309 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 ...
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2answers
210 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 ...
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1answer
51 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 ...
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2answers
122 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 ...
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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 ...
2
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1answer
289 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
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1answer
266 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 ...
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2answers
269 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 ...
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1answer
39 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
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2answers
286 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 ...
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2answers
784 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 ...
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2answers
385 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 ...
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2answers
193 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 ...
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2answers
138 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 ...
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6answers
562 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. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
17
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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 ...
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1answer
566 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 ...
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1answer
73 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 ...
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1answer
2k 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 ...
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2answers
664 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 ...
4
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2answers
447 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 the ...
5
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2answers
315 views

If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...