Questions tagged [trial]

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

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153 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 ...
2
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1answer
95 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?
2
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3answers
134 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 ...
3
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1answer
106 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 ...
1
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2answers
98 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 ...
0
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1answer
60 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 ...
1
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1answer
46 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
541 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 ...
2
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2answers
348 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
104 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
128 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 ...
4
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2answers
204 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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1answer
198 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 ...
0
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2answers
222 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
123 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 ...
0
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2answers
315 views

What is the concept behind the trials like in movie: “Twelve Angry Men” [closed]

This question is out of my curiosity. What is the concept behind such trials/courts, where people from the society (with different background) are chosen for a case as juries? On what basis are these ...
1
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3answers
129 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
239 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 ...
0
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1answer
86 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
747 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 ...
2
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1answer
381 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 ...
0
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2answers
95 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 ...
6
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1answer
497 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 ...
0
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2answers
169 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
232 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 ...
0
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2answers
231 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
56 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 ...
3
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1answer
287 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....
3
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2answers
348 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
98 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
637 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 ...
1
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1answer
100 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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1answer
331 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
77 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,...
4
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3answers
185 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 ...
3
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2answers
1k 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 ...
4
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1answer
3k views

What does it mean to have a case vacated?

What does it mean, and what are the implications of having a trial vacated? Importantly, I would like to know whether this means that the current case is ditched and the prosecution has to lay down ...
2
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1answer
535 views

Can someone compelled to testify intentionally ruin the credibility of their testimony so long as they don't perjure themselves?

Lets say that Vic is on trial for murder, and Bob was present when Vic made some incriminating statement or action which implicates Vic and Bob's testimony is crucial to convincing a Jury of Vic's ...
3
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1answer
174 views

Timing of precedent setting: when exactly do precedents take “effect”?

When a high court rules on a matter, when does the precedent take effect? Say a case is in progress in a lower court which asks the same question as what was just decided on the same day in the high ...
4
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1answer
748 views

What does “No Order on Count” mean as an disposition of a charge?

I'm looking at some case histories from the Cook County, IL criminal courts, and some charges have a disposition of "No Order on Count." What might that mean?
5
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1answer
246 views

Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's ...
4
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1answer
377 views

How do lawyers find expert witnesses?

When a lawyer needs an expert witness I assume he looks for three things: Unimpeachable credentials Motivation to support his case The ability to favorably impress a jury, via a compelling demeanor ...
3
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0answers
155 views

Can evidence produced in a civil action be excluded from a criminal trial?

Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a ...
3
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1answer
897 views

UK - how are jurors replaced after having been dismissed?

In England, after a prospective juror has been rejected (say for cause), how is she or he replaced? I see from http://www.inbrief.co.uk/legal-system/jury-selection-process.htm# that The selected ...
4
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2answers
495 views

Why do lawyers “never” call hostile witnesses for direct examination?

In a novel version of "Perry Mason," the fictitious (mostly TV) lawyer called the actual perpetrator of the crime to the stand, as a direct witness because she had declined to testify for the ...
3
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1answer
108 views

What if someone's testimonial account changes and contradicts itself?

I am curious to know what happens if someone gives testimony in Court 2 times, and there are contradictions or discrepancies between the two statements. As an example, how might the following two ...
11
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2answers
3k views

Has a verdict of 'not proven' ever had a different effect to one of 'not guilty'?

In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and not proven. In modern use there is no practical difference between not guilty and not proven: the defendant ...
5
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1answer
415 views

How can Not Guilty by Reason of Insanity and Guilty but Insane exist in the same legal system?

I was reading about the two types on insanity pleas, known as NGBI and GBMI. For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How can you have a ...
4
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1answer
120 views

Are motions to censure opposing counsel used?

Is it common, considered a good tactic, or even allowed, to move a court to censure – or even hold in contempt – the opposing counsel? If one has a reasonable argument for why the ...