Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
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Where does the idiomatic term “caution+3” come from?
As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
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Can you ever be certain that you will not be tried for an alleged crime?
Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes:
The police investigate and a ...
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What is the closest equivalent to criminal compensation orders in your jurisdiction(s) of expertise?
In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
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Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?
Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
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When did criminal discovery rules substantially form?
The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides.
For ...
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Why does so much time elapse between guilty verdict and sentencing?
Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024.
Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
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Why is Mr. E (recent NZ rape convict) full name abbreviated in the appeal judgment?
It is common practice in the U.K. to anonymise sexual assault victims’ identities in court filings, but why in this NZ case are all the parties’ names apparently withheld?
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Why were the sentencing remarks for Anne Sacoolas available online?
What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
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Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?
According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
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If an unlawful search uncovers evidence unrelated to the subject of the search, can the subject have the evidence suppressed?
So, I binged on the Illustrated Guide To Law a while back, and I have been wondering about this page. In it, a defendant's right to object to a search is denied because he didn't have standing to ...
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Which countries have provisions for e-summons (e-mail, whatsapp, fax, etc.)? Please share specific guidelines, rules, news articles would also work [closed]
I'm researching electronic summons, which are served electronically through e-mail, messaging services, fax, etc. Although I have found guidelines from some Indian states, I'm looking for e-summon ...
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What is the purpose of a victim impact statement?
In criminal proceedings there is an option for victims to make a Personal Statement (also referred to as an impact statement) as to how the crime affected them emotionally. What function does this ...
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The Judge would not allow a guilty plea at the arraignment, and put in a plea of not guilty. What comes next? [closed]
From my research, the most likely reason is that the judge was only following procedure, when it became apparent the client did not have legal counsel.
In this case, the client is charged with ...
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?
On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement.
Was ...
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An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?
If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
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In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?
Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
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Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor
I need help understanding in plain language the last few sentences of the following exchange between CNN's anchor Dana Bash and CNN's Chief Legal Analyst (and former federal prosecutor) Laura Coats in ...
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Gaslighting ; criminal or civil
Gaslighting can be extremely damaging. Like Gang-Stalking, it is near impossible to prove it executed correctly.
How can gaslighting be prosecuted as a crime?
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Are there any offences for which one does not have any right to elect a jury trial?
Certain offences are indictable only, some triable either way. Are there any that are considered so trivial as to be unworthy of the crown court’s resources?
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Discovery of Evidence - Context, Significance and Meaning?
(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process".
Is the Prosecution also ...
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Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?
In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial?
Given ...
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Why and when would an attorney be handcuffed to their client?
While reading about the trial of Hans Reiser I came across this peculiar sentence:
On Monday, July 7, 2008, Reiser led police to Nina's shallow grave in the Oakland Hills. Reiser's attorney, William ...
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Why did this US prosecutor keep asking whether documents would refresh a witness's memory?
Background
I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial.
The ...
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Section 9 Criminal Justice Act applicable to family law?
Nuanced, procedural thing.
In the UK law system:
Witness statement
Position statement
Statement of truth
Statement under oath
Criminal Procedure Rules 2020
Under section 9 of the Criminal Justice ...
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Probation Before Judgment
In a case that has the disposition Probation Before Judgement, what happens at the end of the probation period (assuming no violation of the probation)? Does the defendant need to do anything (i.e. ...
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Why are charges sealed until the defendant is arraigned?
The indictment against Trump is sealed until he's arraigned.
I am confident that the public (especially the legal community) is curious as to the exact charges.
Why not release the charges to the ...
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Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?
Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
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Is the saying that "cops can use anything you say against you" overstated or understated?
Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
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In a criminal trial, what is the sequence of proceedings? [closed]
Does the prosecution advance their own case first, calling their witnesses, examining them before the defense cross examines them, all before the defense then presents their case, calling each of ...
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Can private prosecution be brought against anoymous identifying placeholder?
In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
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Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?
The fundamental curiosity underlying this question was piqued by this provision:
https://www.legislation.gov.uk/ukpga/1985/23/section/6
And a wondering as to how often it is invoked, which raises two ...
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If one is charged with a crime and then get acquitted, can they be awarded any costs?
If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways?
And does the answer ...
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what does "probable consequence" mean?
In various laws related to abetment and aid of offences the offenders are also held liable for any other criminal acts done by the person who has been aided or instigated to commit an offence if the ...
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Why is Chris Hansen not charged with criminal impersonation?
I was watching an episode of the Hansen vs predator series.
In the show, there is a random guy called Chris Hansen who goes online and pretends to be a 13-year-old girl. When people chat with him, he ...
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Can questions of private investigator without Miranda warning be used in trial?
I was watching the Hansen vs predator series.
In there a random guy called Chris Hansen goes online and pretends to be a 13 years old girl.
When people chat with him, he tries to steer the discussion ...
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Can the police arrest and detain a person (specifically a minor) without telling them the charge?
I am in a class in which I was assigned a "Case" to study. These were fake, and I was asked to point out who was guilty or at fault and for which charge. I asked the teacher: Is it legal to ...
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Amend Information by interlineation
In Illinois, an Information in a criminal case must be sworn to and signed.
725 ILCS 5/111-3
If the State's Attorney amends the Information by writing on the document with a pen, does the original ...
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Why was Ağca tried and imprisoned in Italy?
Mehmet Ali Ağca tried to kill the pope in 1981 in Vatican City. For this, he was tried and convicted by an Italian court, and served time in an Italian prison. Why Italian? What did Italy have to do ...
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In criminal cases, are the charges for which a defendant is found guilty a strict subset of the charges listed in the indictment?
For instance, if I am arrested and charged for crimes A, B, C.
Then the only possible outcomes for which I can be found guilty are some combination of those crimes - such as A, B, C or A, B or just A, ...
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Why prosecute Kyle Rittenhouse if there is no real chance of a guilty verdict?
(Not sure if this should be on the Politics.SE)
From divibisan's answer to one of my questions on Politics.SE:
You won't find many people seriously arguing that the Rittenhouse jury ruled incorrectly ...
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A prosecutor and a defense attorney have a romantic relationship. What consequences could happen if caught?
Perhaps more of a question concerning legal culture than individual laws. I am writing a story with this as a subplot, and I want to know what could happen to either party if a judge/prosecutor's ...
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Can BTP officers issue penalty fares in London tube stations?
Bob double shuffled through the tube barriers while holding his Oyster card, bank card, and passport. Looking down at his phone, upon going through, he inadvertently walked into a BTP officer who ...
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Answering crown bail with coronavirus
Meet Bob. Bob has been charged with an either way offence, for which he has elected to undergo a jury trial in crown court when appearing before a magistrate. The magistrate bailed him for another ...
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What is the difference between categories of countries in the extradition act 2003?
What is the purpose of dividing countries into different categories at all?
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When is evidence deemed adduced in bench (judge-alone) criminal trials?
Background
This question is answered easily for jury trials: something is put in evidence ("adduced") when the jury hears / sees it and there is no direction from the judge to disregard it. ...
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Can statements used in one's defence in one trial be used as evidence against the defendent in another trial?
John broke into Mary's car and James robbed ABC Bank at the same time. John and James are both suspects in the ABC Bank case, but nobody has any idea who broke into Mary's car. If John says at his ...
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Can an improper prosecution defeat the double jeopardy rule?
If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of ...
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What rule, law or principle mandates police to separate those making statements in a police report to prevent adjustments of statements?
Say person A makes a police report, and person B is present to overhear the statement of A. The police knows the fact B overhears the statement of A.
A makes false statements (negligent, reckless, ...
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Can Tunisia prosecute for crimes committed outside its territory?
I was doing some research into extradition recently, having been inspired by The Great Train Robbery. Since the story involved extradition of British nationals, that committed a crime within the UK, I ...
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Is it legal to release the identities of investigators of an active case?
I first want to preface this by saying what I don't know regarding preliminary details:
I don't know whether there are public records of all the police officers and detectives working at a precinct.
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