51
votes
Accepted
What is the purpose of being tried by a "jury of your peers"?
The U.S. Supreme Court has explained in Duncan v. Louisiana, 391 U.S. 145, 156 (1968):
Those who wrote our constitutions knew from history
and experience that it was necessary to protect against
...
- 44k
48
votes
Accepted
Why did this US prosecutor keep asking whether documents would refresh a witness's memory?
united-states
Witnesses are generally confined to giving testimony from their own personal memory; most of the time, they can't read a statement into the record or just tell the jury to go look at ...
- 57.2k
37
votes
Does the law make exceptions for Good Samaritans?
Depends on where you are, and what law would be broken and why.
In germany, there is the concept of rechtfertigender Notstand (justifying emergency). If there is a present danger to a Rechtsgut (...
- 14.5k
36
votes
Accepted
Why are there two case numbers for United States v. Trump?
Court Listener explained by email:
This is unfortunately a bug we have in multi-defendant criminal cases. Sorry!
See a more technical description of the problem here: https://github.com/...
- 44k
26
votes
Does the law make exceptions for Good Samaritans?
While the question asks generally about "necessity"-type defenses, there is a need to distinguish between two separate concepts.
Good Samaritan laws
Good samaritan laws "offer legal ...
- 1,469
25
votes
Accepted
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
Short of forging the judge's signature or acting with a conflict of interest, there's really not much a law clerk can do to "improperly" contribute to the judge's work.
Although Trump's ...
- 57.2k
23
votes
Can a lawyer at trial keep shouting objection in order to fillibuster?
I am guessing that the question is about the United States, since the "objection!" procedure is not the same in other places.
The Supreme Court has held that even though you have the right ...
- 4,881
22
votes
Accepted
Can a lawyer at trial keep shouting objection in order to fillibuster?
canada
The Criminal Code allows a court to "cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the ...
- 44k
20
votes
Can a witness lodge an objection in response to a question?
united-states
Generally, a witness cannot object to a question on the grounds that it fails to conform to a rule of evidence (e.g. hearsay).
A witness can refuse to testify on a matter either due to ...
- 195k
19
votes
Accepted
When lords were tried by the House of Lords, where could they appeal to?
Short Answer
There were 30 House of Lords convictions of peers resulting in a punishment for the peer (in 29 cases a death sentence, and in the one final case, in 3 months of imprisonment) from 1499 ...
- 195k
19
votes
What is the purpose of being tried by a "jury of your peers"?
Historical accident and path dependence
Specifically, in the case of the US Bill of Rights, it's that the Founding Fathers were rebels, not revolutionaries - they wanted to replace the leadership at ...
- 198k
17
votes
Are underage people allowed to defend themselves in court?
united-states
The Supreme Court has affirmed the constitutional right to self-representation in Faretta v California, but in Godinez v. Moran, the court injected the logically prior question of ...
- 211k
16
votes
At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?
The Supreme Court's order is not official and binding until it is "delivered in open Court." See uscourts.gov, "Supreme Court Procedures."
Until that point in time, the Court has ...
- 44k
15
votes
Why are there two case numbers for United States v. Trump?
The extra number is typically added to the end of a case number when there are multiple defendants.
Trump's case number ends with -1 because he is the first named defendant. I suspect you'd be able to ...
- 57.2k
14
votes
If a witness asks for their lawyer during a trial, how is it handled?
Generally speaking, witnesses are not legally represented at trial, unless they are also parties. While a witness may choose to seek legal advice about a request or order they have received to give ...
- 8,651
13
votes
Why did this US prosecutor keep asking whether documents would refresh a witness's memory?
Witnesses cannot refer to documents or notes
australia
That’s because witness testimony is supposed to be what the witness remembers, not what they are prompted to remember.
This is covered by s32 of ...
- 198k
12
votes
Are underage people allowed to defend themselves in court?
canada
Generally, yes: an accused young person (a person twelve years old or older, but less than eighteen years old) who is fit to stand trial has the right to represent themself.
While an accused ...
- 44k
12
votes
Can a lawyer at trial keep shouting objection in order to fillibuster?
You do not have the "right" to make baseless objections, either as a defendant or as a lawyer.
Once the judge gets sick of you wasting the court's time, they will likely ask you to stop or ...
- 4,694
12
votes
What is the purpose of being tried by a "jury of your peers"?
Jen's answer is excellent as far as it goes. I'll just add some details relevant in the modern continued desirability of the practice and reality.
Juries tend to be pro-defendant in state law criminal ...
- 195k
11
votes
Can two people be tried together?
In the U.S., one trial can be held for multiple co-defendants, though prosecutors and defense attorneys will have reasons for seeking separate trials (If only to avoid having a scene similar to the on ...
- 22.8k
11
votes
Can a lawyer at trial keep shouting objection in order to fillibuster?
“'tis my right as a lawyer that nobody can take away from me”
What an imagination you have!
You must follow the rules of the court and the judge will shut you down very quickly if you don’t.
- 198k
11
votes
Accepted
What court in Kentucky, USA handles cases between $2500 and $5000?
District Court
The KY Administrative Office of the Courts website and brochure says:
District Court is the court of limited jurisdiction and handles juvenile matters, city and county ordinances, ...
- 2,692
11
votes
On the limits of a law clerk to the judge to "co-judge" a case and how the communications should be recorded
canada
For a comparative perspective, I present the situation in Canada, which seems to match bdb484's answer for the U.S.
Communication between a judge and their law clerk within the scope of the ...
- 44k
10
votes
Can two people be tried together?
canada
"Ordinarily, persons alleged to be involved in a common enterprise should be jointly tried." R. v. Anderson-Wilson, 2010 ONSC 489 at para 65.
There are strong policy reasons for this ...
- 44k
9
votes
Is one allowed to ask for compensation for their witness testimony?
A witness who is under a subpoena cannot condition their appearance or testimony upon being compensated.
Usually, a "lay witness" who is not offering expert testimony and instead just ...
- 195k
9
votes
Are underage people allowed to defend themselves in court?
Most certainly impossible in germany
yet commits a severe criminal act that's worthy of going to trial
This implies that the case is held in front of the Jugendstrafgerichtskammer. Because it is a ...
- 33.8k
8
votes
Accepted
Is a witness on the stand allowed to take notes?
I've never heard of a rule specifically addressing this in the united-states, but I expect most courts would disallow it.
I suspect a court would believe that the note-taking would be a distraction to ...
- 57.2k
7
votes
Judicial federalism outside the US
While this isn't a simple and direct answer, it should point you in the right direction.
There are countries which like the United States have parallel national and subnational court system, including ...
- 195k
6
votes
Accepted
Board of 9 judges in Japan?
The Professional And Lay Judges In The Scene
Murder trials in Japan take place in a regional court called the "high court" which is one level below the Japanese Supreme Court.
Trials of very ...
- 195k
Only top scored, non community-wiki answers of a minimum length are eligible