Questions tagged [criminal-procedure]
The criminal-procedure tag has no usage guidance.
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Should you ever speak with Police? [duplicate]
I've heard from many lawyers who give the legal advice of "Never talk to cops".
During traffic stops I give my required documents, let them know I will be remaining silent, and then don't ...
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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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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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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?
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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