Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
I read in the New York Times that the US Congress is trying to fix the "Boyfriend loophole" in gun purchase restriction laws after domestic violence convictions. They note that individuals ...
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Can a parent insist that her child (teen) stop assisting police?
This is based on a situation early in the novel The Witness by Norah Roberts.
Suppose that a sixteen-year-old girl (E) witnessed a serious crime, in fact a double murder, apparently by an organized ...
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Can issues raised in a civil matter be used as evidence against a party in a criminal case?
If there is a divorce case and through the process of declaring a parties financial position it comes out that one of the parties has dodged a bit of tax can that evidence be held against them?
Does a ...
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Can the government arrest Will Smith for assault even if Chris Rock does not make a case? [duplicate]
In South Africa police people don't have to wait for a case to be opened. If there is evidence that you did a crime you can be arrested regardless of what the victim stance on the matter is.
Is this ...
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In Texas, can prosecutors be defense attorneys for free outside the job?
In another thread, I was told that DAs and other prosecutors are typically prohibited from engaging in volunteer, pro bono work. However, I've now come across the following Texas Bar statement, which ...
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Punishment for getting intoxicated in public
Recently I traveled to Germany with friends and got a bit too much drunk. While walking to my hotel I fell down and damaged my foot. Police approached me, checked my ID (I am from the EU), asked if I ...
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Is there a situation where someone can be sanctioned without trial (rule-of-law edition)? [duplicate]
Some one already made this question, but no he/she did (at least for what the answers say) it in general, including no rule of law. This question restricts the search space to state with rule-of-law.
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Is there a situation where someone can be sanctioned without trial?
Given a person commits an obvious infraction1 of a law B and this law has a sentence established by a legal statute that does not consider jury consultations possible, is there some legal framework to ...
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What is the status of Rand Paul's criminal referral to the DOJ relating to allegations levied against Dr. Anthony Fauci?
On July 26th 2021, Senator Rand Paul of Kentucky sent a letter to Attorney General Merrick Garland to criminally investigate Dr. Anthony Fauci for allegations of lying to congress on May 11, 2021, ...
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US Law on interfering in a federal investigation
A hypothetical situation:
Suppose someone finds out through neighborhood gossip that one of their neighbors is under investigation for possible smuggling of arms across the US-Mexico border. He is a ...
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Plea bargaining in the UK
It's been mentioned many times on this site that 90% of criminal cases in the U.S. never go to trial, and instead end up with a plea bargain (or guilty plea). Does the same statistic generally hold ...
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How to affirm when asked to swear
In many jurisdictions, scenarios requiring an oath can alternatively require an affirmation. However, what happens if an official asks, "Do you swear to tell the truth, the whole truth, and ...
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When does Jeopardy attach in a US Criminal trial?
In light of this comment and several responses to in the Q&A Is "My Cousin Vinny" dismissal actually possible? when exactly does jeopardy "attach" in a US criminal trial? That ...
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Can a juror's vote count as the opposite of their actual vote if they explicitly state they vote against their opinion?
Suppose there is a hypothetical situation in which a person on a jury becomes infatuated with a criminal defendant. Suppose they make this explicitly clear during jury deliberations. For example, ...
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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?...
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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 ...
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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 ...
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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. ...
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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 ...
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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. ...
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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, ...
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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 ...
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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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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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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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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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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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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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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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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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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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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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"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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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"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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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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