Questions tagged [criminal-procedure]

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28
votes
5answers
9k views

Can a judge suggest to the jury that a witness is lying?

I was recently party to a preliminary hearing in a criminal case in which a 911 call was played. The content of the 911 call was very beneficial to the defendant. During the hearing, the judge said ...
20
votes
9answers
4k views

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
17
votes
5answers
3k views

How is the burden of evidence distributed between parties?

I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument. Here's an ...
11
votes
3answers
3k 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 ...
11
votes
2answers
2k views

Summary Proceeding in New Zealand - Denying liability but not requesting a hearing

I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21. I have been served notice, and have denied liability for the defense. (I have ...
9
votes
2answers
229 views

Getting the bodycam video from NYPD for a traffic violation

I got a bike ticket for going through a red light. I don’t think I did. The officer confirmed that he was wearing his body cam and that it was on. How do I go about getting the bodycam video? I ...
8
votes
1answer
1k views

“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 ...
8
votes
6answers
660 views

Can a lawyer subject the court to a (temporarily) 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 ...
5
votes
1answer
342 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 ...
5
votes
2answers
316 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 ...
5
votes
2answers
354 views

If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...
4
votes
5answers
3k views

Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?

In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment". Can I be ...
4
votes
2answers
149 views

If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
4
votes
2answers
456 views

Does collateral estoppel apply in a criminal case?

Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case? Two hypotheticals: A woman sues the police for violating the ...
4
votes
1answer
118 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 ...
4
votes
0answers
63 views

Why does the prosecutor get both the first and the last word at trial?

In the U.S., rules of court have the prosecutor in a criminal trial giving the first opening statement, followed by the defense's opening statement; and then the final closing statement, after the ...
3
votes
2answers
300 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 ...
3
votes
2answers
208 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 ...
3
votes
1answer
348 views

Can multiple lawyers speak for the same party at trial?

I know that sometimes a party in a civil or criminal trial will show up with multiple lawyers. Can any of their lawyers speak at the trial? For example, if an objection is made to questioning of a ...
3
votes
2answers
123 views

Can a lawyer change his client's plea?

In the 1987 movie, The Untouchables, there is a courtroom scene in which Al Capone's lawyer spontaneously announces that his client wants to change his plea to guilty and Capone displays his ...
3
votes
1answer
142 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 (...
2
votes
2answers
167 views

Should I retain a criminal defense lawyer just in case?

Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison ...
2
votes
2answers
148 views

Can the state change its mind about dropping charges?

If a person is indicted on criminal charges, but before trial the state decides to "drop the charges," can the state later bring the same charges? I'm actually not even certain what formal actions ...
2
votes
2answers
451 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 ...
2
votes
2answers
137 views

Are defense attorneys allowed to display the law to the jury?

This may sound kind of crazy, but I think in many cases things go against defendants because the jury simply does not know what the law is. A judge's instruction is not the same as a juror actually ...
2
votes
2answers
712 views

Can courts do anything to prevent criminal trials being delayed for many years?

You may remember in the news some time ago a fatal shooting allegedly motivated by the victim texting in a movie theater. Well, a date for the trial has finally been set - more than 5 years after the ...
1
vote
3answers
523 views

Can police charge someone with a misdemeanor in the total absence of evidence?

In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
1
vote
1answer
42 views

Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her? (This question comes up in ...
1
vote
1answer
120 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 ...
1
vote
1answer
55 views

What sort of framework am I looking for seeking a quick execution?

As advised on a previous question, I've decided to ask a more localised question for this question. For those unaware, I am trying to write a book where the character gets executed in the USA, 2019, ...
1
vote
2answers
144 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 ...
1
vote
1answer
102 views

What happens if one of the two accused flees the country?

Context: I'm watching a series on Netflix called Brooklyn Nine-nine, a comedy series. No spoilers please. I'm fond of law stuff and I don't know much about laws in the US, I live somewhere in Asia, by ...
1
vote
1answer
573 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
1
vote
1answer
75 views

What protocol is used in the case of Pleading Insanity?

I'm a writer, and in this chapter, the defendant is on trial for acts of terrorism. But he is pleading insanity, with no psychological evaluation because "his actions speak for themselves." What ...
1
vote
0answers
33 views

Does failure to present a charge to a grand jury leave that charge open for future indictment?

In the fatal shooting of Breonna Taylor the Kentucky Attorney General presented a case to a Grand Jury, but the only indictment was for wanton endangerment. Recently this Washington Post story and ...
1
vote
0answers
360 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 ...
0
votes
2answers
245 views

Which amendment does this violate?

Bob requests a lawyer to be present while the police interview him after being arrested. The police just laugh.
0
votes
2answers
82 views

Judge's change of sentence

In a criminal case, can a Judge change his sentence to give a lesser punishment for the crime committed on request of the lawyer of the client who had filed the case? Example: The Judge has given a ...
0
votes
1answer
54 views

Can a person communicate confidentially with a criminal court about a sentence?

I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence. If a Judge is contacted by an interested person to request such a reconsideration,...
0
votes
2answers
70 views

23&me used in criminal investigations?

...Ok not literally. But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person. We know that DNA ...
0
votes
1answer
84 views

How can these two people be proven innocent until proven guilty? [closed]

I lost some money and USB cable in my bag. On this particular day I asked for a usb cable from a female workmate who was still on her assignment and I was as well on an asignment in a different ...
0
votes
1answer
20 views

Indictment and prosecution in different U.S. districts

Can a person be prosecuted in any district other than the district in which the original indictment was filed? Does this require some sort of special procedure?
0
votes
0answers
36 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? ...
0
votes
1answer
41 views

hearing date keeps getting extended - Ukraine

Sequence of events: November 2019: Person A and Person B are caught shoplifting at a major grocery chain in Lviv December 2019 - February 2020: Deposition/Discovery happens. First hearing. They plead ...
0
votes
0answers
33 views

Is coordination of testimony by witnesses against court rules?

Is it against the rules of criminal procedure for witnesses to consult with each other for the purpose of coordinating their testimony in court? I ask because when I read police reports written by ...
0
votes
1answer
41 views

Are Jurors informed about jurry Nullification [duplicate]

Are jurors in US criminal trials informed that they can rule contrary to the law as given by the Judge (aka "jury nullification") by the judge or by any official source? What happens when juries do "...
0
votes
1answer
3k 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 ...
0
votes
1answer
63 views

Case Converted Nolle Prosequi

Jurisdiction: Albuquerque, NM - US Is it normal for a criminal case not pursued, originating October 2014, to have a disposition “Converted Nolle Prosequi” on August 2016, almost 23 months after the ...
-1
votes
2answers
925 views

Innocent until proven guilty in Germany?

My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
-1
votes
2answers
145 views

At gas station parked pumping gas can an officer search the rental without my consent? [closed]

I am at the gas station, I go inside and put money on my pump, the gas station is crowded. I have a rental car its a 93 Mercedes the registration tags are expired I am returning the car tomor to ...