Questions tagged [trial]
For questions about trial in a court of law -- customs, procedures, and rules.
166
questions
12
votes
4
answers
2k
views
Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?
The German Constitutional Court (Bundesverfassungsgerichts) recently ruled that a second trial (due to new evidence) after a previous acquittal violates the German constitution:
BVerfG urteilt zur ...
- 7,839
1
vote
1
answer
95
views
Why, more specifically, were women not permitted to view the trial of Ashford v Thornton?
According to Wikipedia which in turn cites p 63, “Schoenfield, Mark (1997), "Waging battle: Ashford v Thornton, Ivanhoe and legal violence", in Simmons, Clare (ed.), Medievalism and the ...
- 9,318
21
votes
7
answers
5k
views
Why are jurors still asked to apply the law if their primary role is to find facts?
Why do juries get asked whether the defendant is guilty or not instead of simply whether certain alleged facts took place?
Say Rob is being tried for the murder of Bob, but there's also a possibility ...
- 25.8k
7
votes
2
answers
3k
views
Can a defense attorney face any serious repercussions for trying to induce jury nullification?
Say the prosecution has irrefutablly concrete evidence that the defendant commited the crime of which he is accused. Knowing this, the attorney of the defendant plays on empathy and convincing the ...
- 1,588
7
votes
2
answers
2k
views
Can a private contract obligate someone to exercise their right to a jury trial?
Say I think my local DA is pursuing too many low-quality cases, and pressuring people into plea deals, when they don't really have the evidence to convict.
Can I and several thousand of my closest, ...
- 1,695
1
vote
4
answers
236
views
Recourse for biased judges presiding over trial
Alice has brought a civil claim against Barbara, and the paperwork has all been filed as directed in the written case directions. Alice has been self representing while Barbara has hired Barry as her ...
- 9,318
4
votes
2
answers
2k
views
Does a person have a right to a bench trial?
There is the famous right to be tried by a jury of your peers, but do you also have the right to a bench trial, if you prefer?
- 4,757
2
votes
1
answer
358
views
What kind of claims did Ryan Salame forfeit in the FTX trial?
There is a recent article about the trial of Ryan Salame surrounding the crypto-currency platform FTX. The article starts with the big headline that he forfeited $1,5 billion and then writes later on ...
- 3,298
9
votes
2
answers
3k
views
Is it possible to go to trial while pleading guilty to some or all charges?
I understand that when a defendant is charged with one or more crimes, one of the following outcomes almost always occurs in practice: either
1 . They plead not guilty to all charges and go to trial, ...
- 773
3
votes
1
answer
237
views
In a criminal trial, is the prosecution allowed to discuss its plea bargaining with the defendant?
Suppose that someone is charged with a crime. Before they are arraigned, they negotiate with the prosecution about a potential plea bargain, but do not reach one and instead go to trial.
During the ...
- 773
1
vote
1
answer
149
views
What legal arguments could the defense use to stop a State racketeering case against an individual based on them being elected president?
If an individual in the US is indicted on state racketeering charges (e.g. Georgia) and they are later elected as US president, what legal arguments could be made in court by the defense to stop or at ...
- 612
8
votes
3
answers
4k
views
Is it possible for a witness to backtrack and claim that their previous statements were wrong because they misremembered?
One of the Youtube channels I'm following is running a series of videos about an ongoing lawsuit (within reason, of course). The latest video has an interesting point that got me wondering.
Suppose ...
- 1,005
3
votes
1
answer
255
views
Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?
Appeals of an arbitration award are reviewed de novo. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is ...
- 33
14
votes
4
answers
4k
views
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does ...
- 3,555
17
votes
3
answers
5k
views
Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?
For example, if the evidence is overwhelmingly against them and the defendant knows they are guilty and there is no chance for a lesser sentence or a plea deal (happens in certain jurisdictions), is ...
user49663
23
votes
3
answers
5k
views
What remedies can a witness use to satisfy the "all the truth" portion of their oath?
Hypothetical:
A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought ...
- 1,639
0
votes
1
answer
79
views
Are there any opportunities to Socratically question an opposing counsel on their legal arguments in a civil trial?
According to this answer,
https://law.stackexchange.com/a/90414/48046
Opposing counsel was called as a witness for examination in the American scopes trial.
Is such a practice allowed in English trial ...
- 9,318
9
votes
2
answers
1k
views
Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?
Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?
Suppose party A calls witness W to the stand to ask them questions about ...
- 9,318
-1
votes
2
answers
105
views
If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]
100% inspired by Yakuza Lost Judgement.
Bob is accused of assaulting Alice at X o'clock, with video evidence. It goes to trial, and Bob is successfully convicted.
Later on, strong evidence comes up of ...
- 3,555
1
vote
0
answers
52
views
What are the typical stages / processes of a criminal trial?
In a criminal trial in the United States, there are stages or processes which are followed by every case heard by the courts. I understand some states may vary in procedure but what are the stages ...
- 5,419
10
votes
3
answers
2k
views
Can two people be tried together?
Bob and Carl are both accused of the same murder of Alice. Are they supposed to
be tried together as one party in a single trial?
be separately tried in two simultaneous trials?
be tried one after ...
- 3,555
12
votes
2
answers
3k
views
If a witness asks for their lawyer during a trial, how is it handled?
A criminal trial is going on. Andy the Attorney asks Walter the Witness some questions. After a while, Walter realizes he's been an idiot, and says he wants his Lawyer Larry.
How does the court ...
- 3,555
21
votes
5
answers
4k
views
Are underage people allowed to defend themselves in court?
Bob is underage, yet commits a severe criminal act that's worthy of going to trial. Normally, one is allowed to represent themselves in court, however ill-advised that may be. But is Bob, underage as ...
- 3,555
2
votes
1
answer
42
views
In what context can one reference or make points about pre-trial correspondence at trial?
Suppose one has a claim against a corporate defendant, and up until the trial the defendant is represented in correspondence by a solicitor. At trial, a human director of the defendant is called by ...
- 9,318
1
vote
1
answer
391
views
Why was Alex Murdaugh sentenced so quickly after the guilty verdict?
Normally, isn't there a big pre-sentencing investigation and victim impact statements and stuff like that?
Not surprized about the withering rebuke and sentence, but that it occurred so immediately ...
13
votes
1
answer
2k
views
Why are trials on "Law & Order" in the New York Supreme Court?
On the TV show "Law & Order", when they cut to the trial it's usually accompanied by a chiron (along with the trademark "dun-dun" sound) saying something like "New York ...
- 1,730
-1
votes
4
answers
147
views
Can someone use good deeds to "bribe" their way to innocence?
Question inspired by Yakuza Judgement.
Carl, the huge rich criminal, is on trial for a murder he obviously committed. But during the trial, he looks at the 12 jurors and says
"if you let me go, I ...
- 3,555
-4
votes
2
answers
64
views
Can the prosecution fight for the defendent's innocence?
Bob is accused of a crime (let's say murder). Bob is a self-hating man who wants to be punished. He admits to the crime, and hires a lawyer to push forth his guilty plea. The prosecution, however, ...
- 3,555
4
votes
1
answer
117
views
Board of 9 judges in Japan?
This is from a fictional trial from Yakuza Judgement, set in Tokyo Japan. The context is a trial where someone is accused of murder.
On the left is the defendant (in white) and his attorney team. On ...
- 3,555
2
votes
2
answers
259
views
Is character assassination of witnesses allowed?
Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in ...
- 3,555
2
votes
2
answers
87
views
Is it a valid attorney strategy to make statements, even if they will be striken from the record?
Similar to how, in football/soccer, players strategically go for fouls because they're effective. Is it common practice for an attorney to bring up inadmissable evidence/points that, even though they ...
- 3,555
1
vote
1
answer
355
views
Does double jeopardy apply if the prosecution did a "terrible job"?
The point of this question is about how double-jeopardy could potentially be abused.
Say that Bob is suspected of murdering Mary. If he is tried for this crime and found not guilty, then he can't be ...
- 3,555
8
votes
2
answers
153
views
Is it required for a defendant to be in court?
Say that Nathan is on trial for 100 murder charges. He already knows his life is over, so every time they bring him into court, he starts screaming expletives out of turn. They charge him 1000 times ...
- 3,555
11
votes
4
answers
7k
views
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
Say Adam the accuser is taking Dave the Defendant to court. If Dave loses in his local district, I've heard that he can appeal the decision and be re-tried in a higher court (all the way to the ...
- 3,555
6
votes
2
answers
210
views
Are there any limits on being "overly selective" during Jury Selection?
Say Andy the attorney is trying to defend Nathan the Nazi in a criminal court case. During Jury Selection, where potential jurors are vetted, what is stopping Andy from saying that every Nazi-hater is ...
- 3,555
1
vote
1
answer
175
views
Can prosecutors and/or judges be sued for dereliction of duty when they change charges to avoid a jury trial?
Scenario (Utah, USA): A defendant is arraigned at a pre-trial hearing. Charges include driving without insurance and driving with an expired license.
State law declares that those who do these things ...
- 128
3
votes
4
answers
2k
views
In-court identification of defendants
(Inspired by Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?)
Under which circumstances are witnesses asked to identify people present (in particular defendants) in the ...
- 594
2
votes
1
answer
78
views
How speedy must a trial be to for the purposes of article 6, ECHR?
Article 6 of the European Convention on Human Rights requires criminal trials to be fair and speedy. What is the time threshold for a trial to transpire is for it to be deemed "speedy" or ...
- 9,318
8
votes
2
answers
3k
views
How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?
I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against ...
- 201
3
votes
1
answer
328
views
Are jurors allowed to disquallify each other?
Say Mike the Murderer is on trial and there's no doubt he's the murderer. 12 jurors meet. All of them think he's obviously guilty, except for one David the dissenter.
Is there any way the other 11 ...
- 3,555
14
votes
4
answers
5k
views
Are witnesses allowed to give private testimonies?
Alice's grandpa Greg is on trial. Alice's testimony is crucial to get Greg convicted. But, for some reason or another, Alice doesn't want to appear in court as a witness in front of Greg to badmouth ...
- 3,555
7
votes
3
answers
1k
views
How is the quality of an expert witness judged?
When bringing in an expert to testify something, obviously that expert doesn't have to bring in their resume and go through 3 rounds of interviewing with every member of the jury, as if they were ...
- 3,555
19
votes
3
answers
5k
views
Is a potential juror protected for what they say during jury selection?
Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer).
...
- 3,555
13
votes
2
answers
4k
views
Can I ask for a Judge Trial - UK
In the UK, at least by my understanding, most trials are heard in a magistrates' court without a jury. Only the most serious crimes are heard in the Crown Court and require a jury verdict.
However, if ...
- 1,078
9
votes
2
answers
2k
views
Are opening and closing statements part of the record?
Lawyers are permitted to say things (e.g., "rhetorical flourishes" and "excusable hyperbole") during opening statements and closing arguments that would not be permitted during the ...
- 21.7k
4
votes
2
answers
925
views
How is a judge to evaluate a witness's credibility?
How is a judge to evaluate a witness's credibility?
- 43.9k
1
vote
2
answers
248
views
What elements are considered when deciding order of trials and sentences for a multi-region, multi-year, multi-severity criminal?
A citizen of the USA has a number of individuals, cities, counties, states and the federal government after them for a wide variety of crimes with a wide variety of themes over a period of several ...
- 439
2
votes
1
answer
121
views
How are huge demonstrations outside a court house dealt with?
For example, during Bill Cosby's trial, there were huge crowds with signs screaming all over outside the courthouse. I assume that every juror had to walk across that every day to get to the court.
...
- 3,555
0
votes
1
answer
80
views
Why does the Jennifer Robi vs Merck case show two jury trial dates?
The following case seems to show a jury trial date of July 11, 2022 and also May 1, 2023.
Why are there two trial dates?
https://trellis.law/case/BC628589/JENNIFER-ROBI-VS-MERCK-CO-INC-ET-AL
- 191
3
votes
2
answers
275
views
What percentage of jury trials are unclear verdicts at start, vs cases where defended really should have plead for lesser charges?
My, limited, understanding of the US legal system is that pretty much everyone will be offered a plea bargain before going to trial. That would imply to me that the only people that end up in trial ...
- 8,206