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Questions tagged [criminal-procedure]

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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 ...
G. Bach's user avatar
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2 votes
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Can lawyers perform actions for the sole purpose of delay if the client is facing the death penalty?

This answer contains the remark: Lawyers are also officers of the court and are specifically prohibited from taking actions in litigation with the sole purpose of delay. (The analysis would be ...
adam.baker's user avatar
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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 ...
kisspuska's user avatar
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1 vote
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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: And a wondering as to how often it is invoked, which raises two ...
TylerDurden's user avatar
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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
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Criminal procedure to dismiss a case

When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
user2065068's user avatar
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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 ...
julianfourth's user avatar