Questions tagged [trial]

For questions about trial in a court of law -- customs, procedures, and rules.

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1answer
520 views

Speaking a different language when on trial

If a native English speaking person on trial decides to exercise his right of freedom of speech by speaking in a foreign language (i.e. Chinese), does the court have to hire a translator?
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3answers
8k views

How can Edward Snowden be denied a jury trial?

Is the US right to a trial by jury a conditional right which can be revoked preemptively? It was my understanding the US Constitution allowed anyone accused of a crime to be judged by a peer jury. ...
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49 views

Risky if Plaintiff does not sue all possible co-conspirators?

Is there a danger that if a Plaintiff in a civil case does not sue all co-conspirators but calls these unnamed conspirators as witnesses, that a jury might attribute less fault or no fault to the ...
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1answer
79 views

How much time is allocated for analyzing case law during a trial

In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law? Is it expected to be done during the hearing, ...
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1answer
67 views

Is it good legal strategy to consider public opinion (USA)?

I read an article in which the police asked for information about a motorist. The motorist had run a motorcycle off the road, although after the motorcyclist decided kick their passenger side door. ...
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1answer
57 views

Whether to disclose substantive evidence vs. using it for impeachment at trial?

What are the factors in weighting whether to disclose substantive evidence vs. using it for impeachment at trial? On one hand, the jury gets to see substantive evidence but the other side is alerted ...
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0answers
23 views

What is the definition of a “reasonably prompt conclusion” to a case, and are there any consequences for not providing it? [duplicate]

I would like to give some background to help explain my question. I am not very familiar with legal terminology so feel free to ask for clarification if I write something that is not clear. My wife ...
2
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2answers
110 views

How does a preliminary hearing differ from a full trial?

Apparently "preliminary hearings" are to determine whether or not the defendant should be sent to Superior Court for a "full" trial. (My "source" for this is "Perry Mason.") What exactly is a "...
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0answers
62 views

What will a Judge do if a witness refers to an event previously stricken from the record? (USA)

Some context. Suppose the prosecutor enters into evidence body camera footage from a police officer. On the tape, the suspect makes a lewd remark, and another officer offers a witty comeback. The jury ...
3
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1answer
134 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 ...
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1answer
38 views

What are the conditions surrounding character witnesses in trials?

I'm interested in how certain trials work in US Law, particularly when it comes to Character Witnesses. How do defence teams go about selecting character witnesses, in particular when it comes to ...
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1answer
64 views

Total dollar amount of damages sought outstanding in US courts?

Is there any report that sheds some light on how much damages are sought in civil cases in total in the US (or another major jurisdiction, e.g. the EU, UK, etc.) at any given point in time in recent ...
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1answer
56 views

Inter-jurisdictional arrest issues (USA, UK)

My question centers around this: It may harm your defense if you do not mention when questioned, something you later rely on in court. Which is something I've heard told to arrested suspects in ...
25
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3answers
9k views

USA: Can a witness take the 5th to avoid perjury?

Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that ...
2
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2answers
554 views

Can you be convicted based on the tesimony of the victim alone?

I am reading a book called "Gender Stereotyping - Transnational Legal Perspectives", which says that: The second case, R. v. Ewanchuk36 (“the Ewanchuk case”), concerned the role of sexual ...
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1answer
155 views

Can the victim of a crime throw a court case?

Can the victim of the crime just turn down a lawyer and when asked to testify just plead the 5th so the defendant can not go to jail?
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3answers
230 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
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1answer
149 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 ...
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2answers
127 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 ...
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1answer
75 views

What order does a court case take place?

I'm doing homework for US Government and there are questions about steps in a Trial but I couldn't find any information that would help me with this online as links I could find didn't clearly explain ...
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1answer
78 views

Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?

Suppose a US federal attorney/prosecutor brought a case before a US federal court and the defendant is accused of committing a federal crime. The law says that the defendant can be imprisoned up to 5 ...
3
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1answer
564 views

Why there was no trial for Michael Cohen

I am reading in the news that Michale Cohen will be sentenced today, however, I haven't seen any information about trial. Is that because conviction is related to perjury plea, hence there is no need ...
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2answers
624 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 ...
2
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1answer
197 views

Mistake of Law: Requisite of Intent - Distinguishing Nuance

Background: I am not a law student, I am a graduate student in mathematics who intermittently enjoys reading about law because I find it axiomatic, deductive and occasionally creative - similar to ...
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1answer
159 views

Is trial courtroom layout prescribed by rule or law?

In the United States, in general criminal trial courtrooms, I have always seen the defense positioned furthest from the jury and the witness stand. However, I gather that not only is there no law or ...
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3answers
346 views

Why *must* a defendant be present during a criminal trial?

The Sixth Amendment guarantees: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.... I recently discovered that, in general, these ...
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2answers
344 views

Can a judge increase the speed on a traffic ticket?

I had a trial de novo today for a 22349(a), cited for 80 mph. At court when discussing the case, the officer gave his introductory statement and alleged that his radar clocked me at 90 mph but that he ...
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2answers
255 views

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

If this is a why of the law based on policy, I will move it to the politics site. I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
2
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1answer
138 views

UK law - what is the process of convicting a defendant of a lesser offence than the charge?

There is already an (unanswered) question on the site regarding this in US law, but I'm asking about UK law, so I felt it appropriate to ask again: Can a jury always convict on a lesser included ...
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3answers
173 views

How could Edgar Ray Killen be tried a second time for the same crime?

Edgar Ray Killen, who recently died, was first found innocent and then re-tried for the killing of three activists. My understanding is that one cannot be tried more than once for the same crime. So, ...
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1answer
352 views

Under what circumstance is trial by jury suspended in the UK?

The most obvious example I can think of is a Diplock court, where juries are suspended and the case presided over by a single judge. This arrangement was created in response to terrorism during The ...
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1answer
127 views

Isn't the distinction between trial judges' oral vs. written decision specious?

Source: Representing Yourself In Court (CAN): How to Win Your Case on Your Own (2015). p. 187 Top.      The judge (or jury) has made a decision, which was either: From the bench. This is ...
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1answer
1k views

Can logical fallacies used in courtroom arguments be challenged?

Imagine a trial where a judge, attorney or witness says something that contains a logical fallacy or some similar form of deception. Can that individual be challenged? In other words, could the ...
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1answer
461 views

How to handle Traffic Court ignoring basic rights

I requested a trial by jury in WA state for a traffic ticket (I know not a standard or suggested move as I understand, but I figured if I was going to court, I might as well have the satisfaction of ...
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2answers
122 views

Municipal judge says arguments without merit are not allowed in New trial ordered after appeal

A new trial was ordered by the appeal court and ordered to allow previously denied discovery video into evidence. Along with requesting supplemental evidence, I also argued to acquit for the traffic ...
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1answer
915 views

Can a jury always convict on a lesser included charge?

There is a question on movie stack exchange regarding the Few good men movie (spoilers) regarding why some people were not found guilty of first degree murder but only of a factually fully different ...
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2answers
228 views

Why can judges not set aside jury verdicts of acquittal?

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury? ...
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0answers
301 views

Does California Penal Code 1214.1 disallow the requirement to pay bail before Trial by Written Declaration?

California Penal Code 1214.1(b2) states: Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. However, California Traffic Courts ...
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2answers
242 views

Title IX and the “Dear colleague” letter

According to this article in the New York Post: the Obama administration, which in 2011 issued a “Dear Colleague” letter that detailed certain disciplinary processes universities must use to ...
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0answers
57 views

When is evidence introduced that is not easily shown

In a criminal trial, I've seen counsel walk over and show items to the opposing counsel that they wish to enter into evidence. After showing it to them, they'll begin laying the foundation sometimes ...
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1answer
346 views

When can a defendant in a criminal trial introduce evidence?

I was watching a criminal speeding trial in Texas a few weeks ago. The defendant was acting pro se. A police dash-cam video apparently existed of the incident and the defendant was in possession of it....
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2answers
552 views

Can a person appear in court pro se with counsel?

I already know about the possible folly for doing this, so my question is not how wise would this be, but rather: In some criminal trials, defendants have multiple attorneys working the case. In OJ ...
4
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1answer
155 views

Hypothetical Trial and Conviction

This question deals with how a hypothetical crime would be tried. Hypothetical situation: The police find two people who have been locked in a room for the past 6 hours. In the room with them is a ...
4
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1answer
826 views

How does a prosecutor determine intent?

When prosecutors look at a statute, how do they determine the requirements to prove intent? For example, look at this statute: “Whoever knowingly and with intent to defraud, accesses a protected ...
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1answer
113 views

Is disclosing a trade secret only to a judge in court, as happened in “The Prestige”, something that could happen in reality?

The 2006 film The Prestige begins with a magician drowning while performing a magic trick, with another man accused of murdering him. During the trial, the magician's engineer is asked to reveal the ...
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1answer
1k views

What is the overall conviction rate of U.S. criminal courts?

Of all criminal cases that go to trial and end in a verdict in the United States, what percentage result in a conviction for at least one of the offenses being prosecuted?
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511 views

If a witness refuses to answer 'Has the defendant done this before?', then why can the jury appeal to ignorance?

Source: p 186, The Art of the Advocate (1993) by Richard Du Cann QC (called to the Bar of England and Wales).   Until then great attention will be paid to any question asked by the jury on the ...
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1answer
101 views

non-professional question about Steven Avery trial

I have just watched the TV series Making a Murderer and have a question regarding the trial with S. Savery and B. Dassey. Whose was the decision that there would be two separate trials. Was it Judge's,...
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3answers
248 views

How do I look up the trial experience of a lawyer?

I want to review the trial experience of a particular plaintiff lawyer in Ontario. Where can I get this information? . . . no answer Then how does one look up a lawyer's trial record in other ...
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2answers
2k views

What are the effects if a law changes while on trial?

Say you are on trial for crime A. Legislation on crime A is edited/updated/changed in some way during your trial... Does this start the trial over? Do you continue under old or new law? Is the trial ...