Questions tagged [criminal-procedure]

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15 votes
6 answers
3k views

Can a lawyer subject the court to a (temporary) 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 ...
Ben's user avatar
  • 333
7 votes
2 answers
951 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 ...
Alexanne Senger's user avatar
11 votes
1 answer
2k 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 ...
G. Bach's user avatar
  • 367
17 votes
5 answers
5k 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-...
feetwet's user avatar
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13 votes
3 answers
4k 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 ...
user1034912's user avatar
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6 votes
1 answer
367 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 ...
SKKennell's user avatar
  • 183
6 votes
1 answer
634 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? ...
bdb484's user avatar
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6 votes
2 answers
1k views

Victim Anonymity in Criminal Proceedings

Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to the local prosecutor's office....
user11421's user avatar
  • 185
6 votes
2 answers
441 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 ...
Paula Wheeler's user avatar
4 votes
2 answers
527 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 ...
Greendrake's user avatar
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4 votes
2 answers
611 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 ...
absentx's user avatar
  • 143
4 votes
2 answers
277 views

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 ...
Neil Meyer's user avatar
  • 4,889
3 votes
1 answer
1k 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 ...
Greendrake's user avatar
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3 votes
1 answer
1k 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 (...
user5623335's user avatar
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3 votes
2 answers
332 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 ...
feetwet's user avatar
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2 votes
1 answer
457 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, ...
The Editor's user avatar
  • 1,275
2 votes
1 answer
180 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 ...
David Siegel's user avatar
2 votes
2 answers
526 views

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, ...
isakbob's user avatar
  • 1,579
2 votes
2 answers
288 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 ...
feetwet's user avatar
  • 21.8k
2 votes
2 answers
646 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 ...
User37849012643's user avatar
1 vote
1 answer
110 views

Public Access to Records of Criminal Proceedings

Follow-up to this question Alice is assaulted by Bob. Alice reports the assault to the police, including the fact that Bob is the assailant. The police investigate then turn their findings over to ...
user11421's user avatar
  • 185
1 vote
1 answer
85 views

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. ...
user110391's user avatar
1 vote
3 answers
371 views

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 ...
robertspierre's user avatar
1 vote
0 answers
642 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 ...
SKKennell's user avatar
  • 183
1 vote
1 answer
111 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 ...
questioner's user avatar
0 votes
1 answer
8k 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 ...
Frank's user avatar
  • 185
-4 votes
6 answers
289 views

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 ...
Dennis Francis Blewett's user avatar
-6 votes
2 answers
371 views

Do Texas District Attorneys Violate The Political Question Doctrine?

Texas actually mandates that their prosecutors are not to seek conviction, but "justice." It shall¹ be the primary duty of all prosecuting attorneys, including any special prosecutors, not ...
Ronnie Royston's user avatar