Questions tagged [trial]

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

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3 votes
2 answers
200 views

What happens if Trump decides not to attend his New York trial?

Trump is currently on trial for hush money payments. New York law apparently requires him to be present during the trial. What happens if Trump decides he's not going to attend anyway? It looks like ...
7 votes
2 answers
2k views

What would happen if one side in a trial called the other side's sole attorney to the stand?

Would they have to cross-examine themselves, and if so, how?
5 votes
2 answers
3k views

Do foreign nationals have the right to a speedy trial?

A teenager who is not a citizen of the United States is charged with a criminal offense. Does the teenager have the right to a speedy trial? If yes, at what point in time is the trial late and no ...
3 votes
1 answer
1k views

Can a judge make the plaintiff pay defender's legal costs?

Two related questions. Situation is, Bob sues Alice, but has zero evidence (basically, extortion, hoping Alice settles to avoid legal costs and a trial). Alice decides to take things to court. In the ...
7 votes
2 answers
2k views

On Trial ; do you need to be there?

Please consider the following hypothetical situation: A person has been indicted for a criminal violation of the law. He has made bail and is not in custody. He claims he/she is innocent and he does ...
30 votes
4 answers
5k views

Can a prosecutor hold back charges so they can try again?

Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc. Obviously, there ...
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 ...
1 vote
1 answer
103 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 ...
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 ...
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 ...
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 vote
4 answers
256 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 ...
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?
2 votes
1 answer
385 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 ...
7 votes
1 answer
2k 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 ...
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, ...
3 votes
1 answer
310 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 ...
4 votes
1 answer
149 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 ...
1 vote
1 answer
155 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 ...
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 ...
3 votes
2 answers
695 views

Why was the video evidence heavily debated in the Kyle Rittenhouse case?

During the Kyle Rittenhouse Trail, on days 6 and 8, questions were raised about the program used to enhance the video evidence. The program, Amped FIVE, was used for the drone footage. To do this, ...
3 votes
1 answer
87 views

First criminal court trial with DNA evidence Idaho

I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction? The only thing I found is the following but the defendant pleaded guilty in ...
3 votes
1 answer
274 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 ...
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 ...
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 ...
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 ...
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 ...
0 votes
1 answer
83 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 ...
-1 votes
2 answers
107 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 ...
1 vote
0 answers
54 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 ...
10 votes
3 answers
3k 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 ...
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 ...
20 votes
5 answers
5k 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 ...
2 votes
1 answer
47 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 ...
1 vote
1 answer
407 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 ...
6 votes
1 answer
40k views

What does it mean for a trial, or other hearing, that has been listed to be “vacated”?

What does it mean, and what are the implications of having a trial (or other hearing) vacated? Does it more strongly suggest that it will have been dispensed with finally, or that it will be ...
12 votes
2 answers
3k 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 ...
-1 votes
4 answers
153 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 ...
-4 votes
2 answers
66 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, ...
2 votes
2 answers
328 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 ...
4 votes
1 answer
125 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 ...
2 votes
2 answers
91 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 ...
4 votes
1 answer
1k 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 ...
10 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 ...
8 votes
2 answers
281 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 ...
1 vote
1 answer
415 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 ...
6 votes
2 answers
241 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 ...
1 vote
1 answer
220 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 ...
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 ...