Questions tagged [trial]

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

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1answer
151 views

Is trial by combat legal in the United States of America?

I am neither American, nor a lawyer. Rudy Giuliani is both. The former New York mayor walked on stage to “Macho Man” before calling on Trump supporters to settle the dispute over the election via “...
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0answers
59 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 ...
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2answers
186 views

Lawyer knows trial is hopeless but tells client they can win

(Hypothetical) Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
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1answer
98 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 ...
2
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1answer
208 views

Can I surprise the prosecution with an alibi defense at trial?

Let's say I've been accused of a murder. Throughout the investigation I've plead the Fifth as to where I was when the crime happened. Eventually I'm put on trial, still pleading the fifth as to my ...
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29 views

Where/whom can I look/contact to find historical minutes of murder trials in former Yugoslavia (circa 1925)?

I am writing an article about an alleged female serial killer that committed over 30 murders in former Yugoslavia (now Serbia, possibly in the town of Zrenjanin) around 1925. I have found several US ...
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1answer
97 views

How would jury selection work for a trial of Donald Trump?

There are rumors of investigations into President Donald Trump that could potentially result in criminal charges after he leaves office. If this were to happen, how could a jury be selected in order ...
2
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1answer
79 views

Labelling of exhibits in US criminal court. Why the repetition of letters?

I have been watching a series of videos of a criminal trial in the USA. I have noticed that exhibits for the defence are labelled with four consecutive letters but often (if not always) these letters ...
3
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1answer
88 views

Is there a limit to the number of trials on a criminal charge permitted due to hung juries?

In a jury trial for a criminal charge, SCOTUS recently ruled that a guilty verdict must be unanimous. In (almost) every state a verdict to acquit a criminal defendant must also be unanimous. If a jury ...
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3answers
129 views

When and why are jury trials preferred to bench trials of criminal charges?

A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder." A bench trial consists only of a judge, who determines questions of both law and fact to ...
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3answers
3k views

Does pre-trial detention exist only because of a resources constraint?

A lot of people are talking about alternatives to cash bail recently, which made me wonder, why does pre-trial detention exist in the first place? My layman's understanding of pre-trial detention is ...
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2answers
591 views

Meaning of “Strike from the Record” in legal code? Is there *any* memory/record once “stricken”? By who/what handled/processed? Proof of striking?

"Strike the record" ("strike from the record", "strike that from the record") is a frequently spoken phrase in legal procedural docudramas. Are there violent connotations ...
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1answer
42 views

Genuine Issue and Summary Judgment

At the outset of case ( Teevee Toons, Inc. v. Gerhard Schubert GMBH, 2002 W.L. 498627 (2002). ), I read genuine issue and summary judgment. I know that summary judgment is judging without full trial ...
11
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1answer
2k views

What is the basis that allows a judge to reject a defense in a criminal trial in the USA

I have another question inspired from watching Law and Order. Often, a defense attorney will give notice of a defense, and both the defense lawyer and prosecutor will be in the Judges chambers making ...
6
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2answers
301 views

Can a lawyer compel a witness to read something aloud in court?

Often on shows like Law and Order, a lawyer might ask someone on the stand to read something aloud. An example might be an academic putting forward one opinion, being asked to read an excerpt from a ...
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1answer
577 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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0answers
72 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 ...
2
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1answer
83 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
97 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
65 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 ...
2
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2answers
133 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
65 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 ...
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1answer
312 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
41 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
72 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 ...
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3answers
10k 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 ...
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2answers
1k 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
160 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
246 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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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 ...
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2answers
141 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
87 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
90 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
579 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
698 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
295 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 ...
5
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1answer
161 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
470 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 ...
5
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2answers
396 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
284 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
157 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
185 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, ...
3
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1answer
449 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
150 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
485 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
156 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
2k 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 ...