Questions tagged [criminal-procedure]

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Justice delayed [closed]

I just rec'd. a summons to have a pre-trial conference re.- a traffic ticket that is dated > 4 yrs. ago (turn w/o signaling). I have no recollection of it. Presumably, the NY municipality will ...
user2065068's user avatar
3 votes
1 answer
77 views

When would defence agree to an agreed statement of facts?

Another answer on this site uses an "agreed statement of facts" as a device to focus the answer on the law. It includes several facts that go towards establishing the actus reus and mens rea ...
Jen's user avatar
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6 votes
1 answer
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Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
HelloDarkWorld's user avatar
6 votes
1 answer
2k views

Does a judge have discretion in their verdict when it seems beyond reasonable doubt that the defendant is factually guilty of the charged offences?

I once observed a trial of some disruptive protestors at magistrates where the magistrate read her verdict/ruling out along with all of her reasoning used to reach it. Her deliberations appeared to ...
TylerDurden's user avatar
-3 votes
3 answers
209 views

Judge being Guilty

Assume there is a criminal trial, where somehow defence proves the judge to being a criminal. In this scenario, does the judge leaves the bench and his authority over the case is removed? Based on ...
Aitzaz Imtiaz's user avatar
-1 votes
2 answers
159 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
9 votes
1 answer
3k views

Why is theft triable either way?

Section 7 Theft Act 1968 defines theft as an offence: A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years. However, it makes no ...
TylerDurden's user avatar
16 votes
4 answers
5k views

Can a person plead guilty without being charged?

If a person has committed a crime punishable by a fine and was not caught, but wants to pay the fine for moral reasons, is it possible to plead guilty and pay the fine without being charged with a ...
Someone's user avatar
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13 votes
1 answer
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What if Miranda rights aren't read?

So I know that it's not quite like you see in TV and movies where a dead-to-rights murderer or rapist will just walk free because the arresting officer forgot to read their rights during the arrest. ...
Ethan's user avatar
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6 votes
1 answer
176 views

Where does the idiomatic term “caution+3” come from?

As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
TylerDurden's user avatar
13 votes
3 answers
4k views

Can you ever be certain that you will not be tried for an alleged crime?

Suppose someone is involved in a self-defense altercation where the other party ends up dead. As far as I understand this could result in one of the following outcomes: The police investigate and a ...
shellster's user avatar
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What is the closest equivalent to criminal compensation orders in other jurisdictions?

In the U.K., or at least in England, if Bob is convicted of a crime of which Alice is a victim, Bob may be ordered by the court at sentencing to pay to it on Alice’s behalf a sum representing losses ...
TylerDurden's user avatar
2 votes
1 answer
43 views

Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?

Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
TylerDurden's user avatar
22 votes
1 answer
2k views

When did criminal discovery rules substantially form?

The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides. For ...
Greendrake's user avatar
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10 votes
1 answer
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Why does so much time elapse between guilty verdict and sentencing?

Sam Bankman-Fried (of FTX) was convicted on November 2, 2023; sentencing was scheduled for almost five months later on March 28, 2024. Elizabeth Holmes (of Theranos) was convicted on January 3, 2022. ...
feetwet's user avatar
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Why is Mr. E (recent NZ rape convict) full name abbreviated in the appeal judgment?

It is common practice in the U.K. to anonymise sexual assault victims’ identities in court filings, but why in this NZ case are all the parties’ names apparently withheld?
TylerDurden's user avatar
2 votes
1 answer
776 views

Why were the sentencing remarks for Anne Sacoolas available online?

What determines when a criminal case’s sentencing remarks are available publicly or even exist in written form in the first place?
TylerDurden's user avatar
-1 votes
1 answer
65 views

Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?

According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
TylerDurden's user avatar
0 votes
1 answer
133 views

If an unlawful search uncovers evidence unrelated to the subject of the search, can the subject have the evidence suppressed?

So, I binged on the Illustrated Guide To Law a while back, and I have been wondering about this page. In it, a defendant's right to object to a search is denied because he didn't have standing to ...
HAEM's user avatar
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Which countries have provisions for e-summons (e-mail, whatsapp, fax, etc.)? Please share specific guidelines, rules, news articles would also work [closed]

I'm researching electronic summons, which are served electronically through e-mail, messaging services, fax, etc. Although I have found guidelines from some Indian states, I'm looking for e-summon ...
deprivedoftea's user avatar
3 votes
2 answers
655 views

What is the purpose of a victim impact statement?

In criminal proceedings there is an option for victims to make a Personal Statement (also referred to as an impact statement) as to how the crime affected them emotionally. What function does this ...
TylerDurden's user avatar
-1 votes
1 answer
129 views

The Judge would not allow a guilty plea at the arraignment, and put in a plea of not guilty. What comes next? [closed]

From my research, the most likely reason is that the judge was only following procedure, when it became apparent the client did not have legal counsel. In this case, the client is charged with ...
hermancain's user avatar
9 votes
2 answers
2k views

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was ...
Very Tiny Brain's user avatar
7 votes
2 answers
3k views

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
uhoh's user avatar
  • 768
-4 votes
6 answers
243 views

In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?

Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
Dennis Francis Blewett's user avatar
6 votes
1 answer
2k views

Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor

I need help understanding in plain language the last few sentences of the following exchange between CNN's anchor Dana Bash and CNN's Chief Legal Analyst (and former federal prosecutor) Laura Coats in ...
uhoh's user avatar
  • 768
-5 votes
1 answer
278 views

Gaslighting ; criminal or civil

Gaslighting can be extremely damaging. Like Gang-Stalking, it is near impossible to prove it executed correctly. How can gaslighting be prosecuted as a crime?
Artemus hutchens's user avatar
2 votes
4 answers
158 views

Are there any offences for which one does not have any right to elect a jury trial?

Certain offences are indictable only, some triable either way. Are there any that are considered so trivial as to be unworthy of the crown court’s resources?
TylerDurden's user avatar
4 votes
2 answers
340 views

Discovery of Evidence - Context, Significance and Meaning?

(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process". Is the Prosecution also ...
abelenky's user avatar
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8 votes
1 answer
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Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?

In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial? Given ...
JohnFx's user avatar
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37 votes
2 answers
9k views

Why and when would an attorney be handcuffed to their client?

While reading about the trial of Hans Reiser I came across this peculiar sentence: On Monday, July 7, 2008, Reiser led police to Nina's shallow grave in the Oakland Hills. Reiser's attorney, William ...
pipe's user avatar
  • 472
39 votes
4 answers
6k views

Why did this US prosecutor keep asking whether documents would refresh a witness's memory?

Background I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial. The ...
Steve V.'s user avatar
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0 votes
1 answer
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Section 9 Criminal Justice Act applicable to family law?

Nuanced, procedural thing. In the UK law system: Witness statement Position statement Statement of truth Statement under oath Criminal Procedure Rules 2020 Under section 9 of the Criminal Justice ...
Silly mistakes in the past's user avatar
0 votes
1 answer
60 views

Probation Before Judgment

In a case that has the disposition Probation Before Judgement, what happens at the end of the probation period (assuming no violation of the probation)? Does the defendant need to do anything (i.e. ...
Ron Trunk's user avatar
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8 votes
2 answers
3k views

Why are charges sealed until the defendant is arraigned?

The indictment against Trump is sealed until he's arraigned. I am confident that the public (especially the legal community) is curious as to the exact charges. Why not release the charges to the ...
gatorback's user avatar
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1 vote
1 answer
80 views

Could Julian Assange have elected for the portions of his extradition proceedings conducted at Westminster magistrates to have been in crown court?

Parts of the extradition proceedings thus far of Julian Assange have taken place in Woolwich Crown Court, others in the old Bailey, others like his post-triumph bail hearing and also monthly case ...
TylerDurden's user avatar
14 votes
7 answers
6k views

Is the saying that "cops can use anything you say against you" overstated or understated?

Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
Statistics's user avatar
-2 votes
2 answers
93 views

In a criminal trial, what is the sequence of proceedings? [closed]

Does the prosecution advance their own case first, calling their witnesses, examining them before the defense cross examines them, all before the defense then presents their case, calling each of ...
TylerDurden's user avatar
4 votes
2 answers
800 views

Can private prosecution be brought against anoymous identifying placeholder?

In a civil case, the proper name of the defendant need not be known and it can simply be filed against "the individual with this phone number" and their identity possibly later subpoenaed ...
TylerDurden's user avatar
1 vote
0 answers
17 views

Must the DPP necessarily, and is it typically, informed of prosecutions undertaken by parties other than itself?

The fundamental curiosity underlying this question was piqued by this provision: https://www.legislation.gov.uk/ukpga/1985/23/section/6 And a wondering as to how often it is invoked, which raises two ...
TylerDurden's user avatar
2 votes
2 answers
79 views

If one is charged with a crime and then get acquitted, can they be awarded any costs?

If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways? And does the answer ...
TylerDurden's user avatar
0 votes
1 answer
77 views

what does "probable consequence" mean?

In various laws related to abetment and aid of offences the offenders are also held liable for any other criminal acts done by the person who has been aided or instigated to commit an offence if the ...
WhyDenounce's user avatar
4 votes
2 answers
1k views

Why is Chris Hansen not charged with criminal impersonation?

I was watching an episode of the Hansen vs predator series. In the show, there is a random guy called Chris Hansen who goes online and pretends to be a 13-year-old girl. When people chat with him, he ...
robertspierre's user avatar
1 vote
3 answers
332 views

Can questions of private investigator without Miranda warning be used in trial?

I was watching the Hansen vs predator series. In there a random guy called Chris Hansen goes online and pretends to be a 13 years old girl. When people chat with him, he tries to steer the discussion ...
robertspierre's user avatar
1 vote
1 answer
187 views

Can the police arrest and detain a person (specifically a minor) without telling them the charge?

I am in a class in which I was assigned a "Case" to study. These were fake, and I was asked to point out who was guilty or at fault and for which charge. I asked the teacher: Is it legal to ...
Sona's user avatar
  • 19
3 votes
1 answer
110 views

Why was Ağca tried and imprisoned in Italy?

Mehmet Ali Ağca tried to kill the pope in 1981 in Vatican City. For this, he was tried and convicted by an Italian court, and served time in an Italian prison. Why Italian? What did Italy have to do ...
msh210's user avatar
  • 226
0 votes
1 answer
142 views

In criminal cases, are the charges for which a defendant is found guilty a strict subset of the charges listed in the indictment?

For instance, if I am arrested and charged for crimes A, B, C. Then the only possible outcomes for which I can be found guilty are some combination of those crimes - such as A, B, C or A, B or just A, ...
AlanSTACK's user avatar
  • 1,910
2 votes
4 answers
2k views

Why prosecute Kyle Rittenhouse if there is no real chance of a guilty verdict?

(Not sure if this should be on the Politics.SE) From divibisan's answer to one of my questions on Politics.SE: You won't find many people seriously arguing that the Rittenhouse jury ruled incorrectly ...
Allure's user avatar
  • 2,497
7 votes
1 answer
2k views

A prosecutor and a defense attorney have a romantic relationship. What consequences could happen if caught?

Perhaps more of a question concerning legal culture than individual laws. I am writing a story with this as a subplot, and I want to know what could happen to either party if a judge/prosecutor's ...
Miko's user avatar
  • 171
-3 votes
1 answer
216 views

Can BTP officers issue penalty fares in London tube stations?

Bob double shuffled through the tube barriers while holding his Oyster card, bank card, and passport. Looking down at his phone, upon going through, he inadvertently walked into a BTP officer who ...
JosephII's user avatar