Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
87
questions
1
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1answer
70 views
Are pleading guilty and pleading no contest to a criminal charge the same?
I sometimes hear these terms used in TV crime dramas and was wondering what exactly they meant. Is a no contest plea to a criminal charge the same thing as a guilty plea or is it different in some way?...
18
votes
4answers
3k views
What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?
In this weeks UK news, we read that the Colston Four were acquitted. For those unaware, these were four individuals who played an active role during BLM protests, in pulling down and dumping in the ...
1
vote
1answer
38 views
What is the history and international scope of the “Exclusionary Rule"?
The "exclusionary Rule" is a rule of criminal procedure in US courts that forbids admission of evidence obtained through violation of an accused person's fifth or sixth amendment rights, or ...
1
vote
1answer
110 views
Could two people be convicted for the same crime?
Suppose a serious crime is committed, and there is no dispute that one person, acting alone, committed the crime without any assistance.
Police wrongly believe that person (A) committed the crime. ...
0
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0answers
58 views
Can a bank be compelled to ID a dozen of its customers for an investigation of an alleged misdemeanor vandalism charge in California?
Could the police request that, for example, all users of an ATM in the vicinity of the alleged crime within, say a 30-minutes time frame be listed and personal information including name, date of ...
0
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2answers
26 views
What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque
A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
1
vote
1answer
79 views
Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?
If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
2
votes
1answer
93 views
US equivalent of "no case to answer" before trial
At least in New Zealand and the United Kingdom, criminal defence can make a "no case to answer" application before trial (they can also make one at the close of the prosecution's case during ...
2
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4answers
191 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 ...
0
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2answers
76 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 ...
3
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2answers
127 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 ...
3
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2answers
72 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 ...
1
vote
2answers
123 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 ...
4
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2answers
312 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 ...
18
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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 ...
1
vote
1answer
48 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?
1
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0answers
55 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?
18
votes
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-...
5
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1answer
190 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 ...
14
votes
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 ...
1
vote
1answer
70 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 ...
2
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0answers
40 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 ...
18
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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 ...
5
votes
2answers
116 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) ...
3
votes
1answer
169 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 ...
2
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2answers
92 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 ...
3
votes
1answer
147 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
68 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
73 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
147 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.
...
3
votes
1answer
173 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
160 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
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
...
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 ...
1
vote
1answer
1k 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 ...
21
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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 ...
3
votes
2answers
244 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 ...
5
votes
1answer
482 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 ...
3
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1answer
227 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
62 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
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2answers
104 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
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 ...
4
votes
1answer
147 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
66 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 ...
4
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1answer
431 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
211 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 ...
1
vote
2answers
115 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 ...
29
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 ...