58 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 ...
ohwilleke's user avatar
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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 ...
bdb484's user avatar
  • 59.3k
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 ...
Dale M's user avatar
  • 209k
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 ...
bdb484's user avatar
  • 59.3k
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 ...
Paul Johnson's user avatar
  • 13.5k
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 ...
bdb484's user avatar
  • 59.3k
30 votes

Can a person plead guilty without being charged?

united-states 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 ...
ohwilleke's user avatar
  • 213k
29 votes
Accepted

What if Miranda rights aren't read?

If a person is arrested and not apprised of their rights, anything that they say cannot be used in court, but perhaps conviction does not depend on the defendant's statements. Even without the warning,...
user6726's user avatar
  • 215k
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. ...
ohwilleke's user avatar
  • 213k
26 votes
Accepted

To what extent can US police lie to a suspect?

united-states For the most part, U.S. police are allowed to lie to suspects to obtain information, even if they are not undercover. This goes pretty far although the exact boundaries are a matter of ...
ohwilleke's user avatar
  • 213k
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 ...
ohwilleke's user avatar
  • 213k
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)...
Ryan M's user avatar
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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 ...
craw's user avatar
  • 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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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 ...
bdb484's user avatar
  • 59.3k
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 ...
bdb484's user avatar
  • 59.3k
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 ...
Dale M's user avatar
  • 209k
19 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 ...
bdb484's user avatar
  • 59.3k
19 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 ...
Dale M's user avatar
  • 209k
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 ...
ohwilleke's user avatar
  • 213k
18 votes
Accepted

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all evidences have to be introduce into trial before trial starts? Can I bring evidences on the day of the trial and introduce them on the fly to the ...
ohwilleke's user avatar
  • 213k
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,...
Gregory Currie's user avatar
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 ...
lawful-n00b's user avatar
  • 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 ...
bdb484's user avatar
  • 59.3k
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 ...
Jen's user avatar
  • 54.9k
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 ...
Greendrake's user avatar
  • 27.5k

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