Questions tagged [trial]

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

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1answer
99 views

Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
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3answers
241 views

How does a witness get an attorney?

Someone who was with George Floyd the day he was killed pleaded the Fifth (source). The Hennepin County Public Defender's Office filed the notice on behalf of Morries Hall, who was sitting in the ...
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1answer
60 views

Can I use the court report to show false statements? [closed]

I have filed a Motion for New trial in Texas. Lots of prejudice and bias on my end (not just me - all involved agree, of course). I had 5 hearings in 1 day, attorney quit week before (I caught her ...
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3answers
47 views

Preparing for Motion for New Trial [closed]

What is needed to prepare for a Motion for New Trial Hearing? My understanding is I will get to make an opening statement, opposing counsel will list reasons to deny and then I will get to discuss my ...
2
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1answer
169 views

US criminal case - change of venue

In the US, if a defendant in a criminal trial (in state court) wants to change the venue of the trial, is it possible to have it changed to another state?
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1answer
59 views

Trying a foreigner in the United States - praticalities

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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1answer
252 views

Who is to examine the witness who is the self-represented plaintiff or prosecutor?

Bob is a self-represented plaintiff in a civil case (or, say, private prosecutor in a criminal case). He is also a witness. If the trial is judge-alone aka bench (not jury), he is able to conduct it ...
5
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2answers
2k views

Can the accused change their mind about testifying mid-trial? USA criminal law

As I understand it, under US criminal law, a defendant may decline to testify in their own trial. Suppose a defendant elects to testify in their own trial but decides that it is no longer in their ...
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2answers
143 views

Why are juries full of unprofessionals? [closed]

Why should we have juries filled with people who know nothing about the law? I live in the US, and here it is a civic duty to serve on jury as a citizen of America. This means that they aren't looking ...
2
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1answer
181 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 “...
4
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0answers
65 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
206 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
128 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
262 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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0answers
30 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
117 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
82 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
116 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 ...
4
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3answers
161 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
801 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 ...
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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
371 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
621 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
81 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
99 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
67 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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2answers
135 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
66 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
382 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
42 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
66 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
75 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
2k 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
163 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
252 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
212 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
146 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
91 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
91 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 ...
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1answer
586 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
725 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 ...
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1answer
320 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
165 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
515 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
414 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 ...