56
votes
Accepted
Why and when would an attorney be handcuffed to their client?
My impression, and the plausible explanation in the absence of the actual facts, is that this was something that the attorney agreed to, in order to allow a skittish client to reveal information ...
- 195k
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
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 ...
- 198k
46
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 ...
- 57.2k
38
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 ...
- 13k
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 ...
- 57.2k
28
votes
Accepted
When did criminal discovery rules substantially form?
When did the discovery/disclosure rules as we know them today
substantially form?
In the United States, the constitutional right to criminal discovery was established in Brady v. Maryland, 373 U.S. ...
- 195k
23
votes
Accepted
Can you ever be certain that you will not be tried for an alleged crime?
united-states
The general rule
Is a person in one of those two scenarios forever in purgatory where
theoretically charges are always potentially pending?
In the first scenario, yes.
In the second ...
- 195k
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)...
- 10.2k
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 ...
- 401
22
votes
Is the saying that "cops can use anything you say against you" overstated or understated?
It is somewhat understated, because your silence can also be used against you. In Salinas v. Texas, defendant Salinas was "just talking" to police, not in custody, and his silence (as ...
- 210k
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 ...
- 210k
21
votes
Accepted
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 ...
- 57.2k
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 ...
- 57.2k
21
votes
Accepted
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
The witness can go outside and ask questions of the witness’ lawyers
So if, for example, Mr Trump chooses to testify to the grand jury he goes in alone - no lawyers. If he wants to consult his lawyers ...
- 198k
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 ...
- 57.2k
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
...
- 195k
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 ...
- 198k
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,...
- 1,174
15
votes
Is the saying that "cops can use anything you say against you" overstated or understated?
The Miranda Warning doesn't go far enough. It clearly states that you have the right to remain silent, and anything you do say can be used against you. The statement should include the fact that you ...
- 1,407
15
votes
Why are charges sealed until the defendant is arraigned?
In a normal case, it is not merely the contents of the indictment that are secret, but also the very fact that an indictment exists.
This level of secrecy surrounding grand jury proceedings is a ...
- 57.2k
15
votes
Accepted
Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?
While the right to a jury trial is waiveable, in order to have a bench trial in a federal district court, the court and prosecutor generally must agree.
before any waiver can become effective, the ...
- 43.8k
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 ...
- 25.8k
14
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 ...
- 195k
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 ...
- 198k
13
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 ...
- 5,274
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
Only top scored, non community-wiki answers of a minimum length are eligible