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

5
votes
1answer
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 …
asked Oct 31 '15 by feetwet
5
votes
1answer
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 …
asked Apr 21 '18 by feetwet
12
votes
2answers
If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant? For example, if sworn …
asked May 26 '15 by feetwet
4
votes
1answer
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 opposing counsel is …
asked Aug 15 '15 by feetwet
3
votes
0answers
). The person wants to establish liability for wrongful death, but does not want to risk a charge and conviction for the crime associated with that tort: involuntary manslaughter. Can the civil trial be … conducted in such a way that any concessions or evidence supporting the wrongful death verdict cannot be used against the person in a criminal trial, should at any later time a prosecutor decide to …
asked Oct 16 '15 by feetwet
3
votes
1answer
perpetrated the act of striking the victim with a weapon. This Defendant stands trial for the crime of "Assault." Common Law provides a number of Criminal Defenses that could be raised in this scenario … can't argue, "I feared for my life" without, in effect, admitting that he was present and capable of striking the victim. Can the Defense require that the fact-finder in a trial (typically a jury) rule …
asked Feb 25 by feetwet
4
votes
2answers
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 "rights" are not optional! For example, under under Federal rule: if you want a bench trial in a criminal matter, both the prosecution and the judge must agree to waive the jury (FRCP 23a …
asked Apr 21 '18 by feetwet
1
vote
2answers
common and generally considered prudent for a defendant to refuse to expose himself to questioning at trial. This forces the prosecution to use independent evidence to prove beyond a reasonable doubt that … subsequently (but before sentencing) argue to the court that he was insane? Or does that defense always have to be offered at trial for the crime, before the case is sent to the jury? …
asked Feb 10 by feetwet