47
votes
Can a legally sentenced but escaped offender be legally executed by a drone attack?
No
Law enforcement are allowed to use “reasonable force” to effect an arrest. They are also allowed to use reasonable force to prevent imminent harm to people or property.
As described, the felon is ...
- 177k
45
votes
Accepted
Can a judge suggest to the jury that a witness is lying?
It is the jury's job to evaluate the credibility of the witnesses, and it is the judge's job to inform them of that responsbility.
It is not appropriate, however, for the judge to indicate to the jury ...
- 51.6k
37
votes
Accepted
I was racially abused at a public park. What legal actions can I take?
You should file a complaint with the police.
If you complain to the police then they might do something. If you don't complain then they certainly won't.
Are food trucks licensed? You might try ...
- 12.5k
34
votes
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
A lawsuit would be unsuccessful. Prosecutors have discretion to prioritize whichever offenses they think are most important, and they are generally immune from civil liability.
This is a political ...
- 51.6k
22
votes
Accepted
What happens if a prosecutor refuses to file charges?
united-states
Bob could do any number of things to try to convince someone to prosecute Alice: call the prosecutor's boss, or the district attorney (or their equivalents in DOJ if it's a federal crime)...
- 10.1k
22
votes
Accepted
What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?
In order to prove criminal damage, the prosecutors had to show that the four individuals
Destroyed or damaged property [= the statue]
The property belonged to another [= Bristol City Council]
They ...
- 411
21
votes
Can a judge suggest to the jury that a witness is lying?
It is the judge's obligation to instruct the jury w.r.t. believing witnesses. This is the introductory instruction for criminal trials in Washington, which on that topic says
You are the sole judges ...
- 190k
21
votes
"Innocent until proven guilty" doesn't apply to bail?
The concept of "innocent until proven guilty" is inherent in our constitutional protections for due process.
As far as I know, the Supreme Court first formally recognized it as a rule in ...
- 51.6k
21
votes
Accepted
Can a legally sentenced but escaped offender be legally executed by a drone attack?
No, not in texas anyway. I have not reviewed the other death-sentence states but assume they will follow similar procedures:
Article 43.19 of the Texas Code of Criminal Procedure defines the place of ...
- 31.8k
20
votes
Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?
No. Police are not permitted to impose any punishment whatsoever. Their role in the American justice system is to prevent and investigate criminal offenses.
What you're describing is a punishment for ...
- 51.6k
20
votes
Accepted
What would happen if there is an attempt by police to deceive a judge to get a warrant?
You are correct. A judge may only issue a warrant when it is supported by an affidavit, in which the officer seeking the warrant swears under oath to the facts supporting the warrant. Lying on the ...
- 51.6k
18
votes
How is the burden of evidence distributed between parties?
I'm curious as to how the US legal system determines who should
present evidence and how much evidence is required by them to prove
one side of an argument against a counterargument.
In General
...
- 166k
18
votes
Can a parent insist that her child (teen) stop assisting police?
E can leave at any time
E is not detained and there is no basis to detain her. As a child, that decision can be made by a parent.
E can be subpoenaed to testify but she does not have to talk to law ...
- 177k
16
votes
I was racially abused at a public park. What legal actions can I take?
From the Federal Racial Discrimination Act 1975:
18C Offensive behaviour because of race, colour or national or ethnic origin
(1) It is unlawful for a person to do an act, otherwise than in private,...
- 1,166
15
votes
Accepted
"Does not put forward a case inconsistent with the confession" of guilt
A not guilty plea is not part of the case of a defendant or a defense attorney. A "case" refers to evidence and argument made at trial (or conceivably in a pre-trial hearing). The rule in ...
- 166k
14
votes
Accepted
Summary Proceeding in New Zealand - Denying liability but not requesting a hearing
If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?
Yes, but not before they ...
- 23.3k
14
votes
Operationalizing the definition of "dating relationship" in federal US domestic violence law
The court decides and there is precedent
This type of definition is very common and the legislative intent is to give the court discretion to decide whether the particular relationship in the ...
- 177k
12
votes
What would happen if there is an attempt by police to deceive a judge to get a warrant?
Evidence obtained under a warrant supported by a falsely-sworn affidavit can be challenged as inadmissible, see Franks v. Delaware, 438 U.S. 154, if
the defendant makes a substantial preliminary ...
- 190k
12
votes
Can a legally sentenced but escaped offender be legally executed by a drone attack?
There is a special case to consider which you probably didn't have in mind but which may be relevant anyway.
American citizens have been killed by targeted drone strikes. The government reasoned that ...
- 3,624
12
votes
Is there a situation where someone can be sanctioned without trial?
In the US, if a person enters a guilty plea, a judge may proceed to convict and sentence the accused without any form of trial.
In the case of minor offenses with possible penalties of less than six ...
- 112k
12
votes
Accepted
Why prosecute Kyle Rittenhouse if there is no real chance of a guilty verdict?
The trial was held because A Kenosha County Court Commissioner ruled there is enough evidence for Kyle Rittenhouse to stand trial for homicide charges.
“All this court needs to find was that a felony ...
- 3,745
11
votes
What happens if a prosecutor refuses to file charges?
The other answers are all generally correct. I'll add just a few additional points.
But suppose Alice is a billionaire and she bribes the local prosecutor
to not prosecute. What happens next? ...
- 166k
11
votes
What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
Almost every crime has a civil counterpart for the victim to sue for a judgement, and certainly any private property or personal violence related crime does. Victims of crimes can sue the perpetrator ...
- 4,419
10
votes
Innocent until proven guilty in Germany?
Trials in German criminal cases are generally open to the public (subject to exceptions similar to those in the U.S.) and there is a presumption of innocence until proof beyond a reasonable doubt ...
- 166k
10
votes
Accepted
Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?
It's happened before in real life.
Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense ...
- 9,678
10
votes
Which amendment does this violate?
The Sixth Amendment to the US Constitution guarantees assistance of counsel for the accused in all criminal prosecutions. The Fifth Amendment protects a person from being forced to self-incriminate. ...
- 190k
10
votes
A prosecutor and a defense attorney have a romantic relationship. What consequences could happen if caught?
If the two lawyers will never be on opposing sides of a case, there's no conflict of interest and thus nobody cares. For example, two lawyers in different fields probably won't encounter a conflict.
...
- 1,338
9
votes
Accepted
Should I retain a criminal defense lawyer just in case?
You don't need to have an existing relationship with a lawyer to refuse to talk to the police. You can tell the police you want a lawyer before answering questions. Generally speaking, this should ...
- 51.6k
Only top scored, non community-wiki answers of a minimum length are eligible