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12 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

france As explained in another answer at this site to a related question, there is some provision for compensation in France. The answer said: "Losses suffered through pre-trial detention . . . ...
ohwilleke's user avatar
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9 votes
Accepted

On what basis are Miranda rights enforced?

The U.S. Constitution, as the U.S. Supreme Court held in the year 1966 in the Miranda case, provides that introduction of evidence obtained without a Miranda warning in a criminal trial is ...
ohwilleke's user avatar
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8 votes

Are there countries where the defendant has the right to be absent from their trial?

In the U.S. the Supreme Court has ruled that the defendant must be present at the start of their criminal trial in order for it to be valid. Are there countries where the defendant has the right to ...
ohwilleke's user avatar
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7 votes

Could Judge Merchan put Donald Trump on house arrest during the current criminal trial?

Judge Merchan can revoke Trump's pretrial release, for failure to abide by the conditions of that pretrial release, or could sanction him for contempt of court (e.g. violation of the gag order in the ...
ohwilleke's user avatar
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5 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

You can't prove a negative, but ... Article 14.6 of the International Covenant on Civil and Political Rights (ICCPR) says: When a person has by a final decision been convicted of a criminal offence ...
Dale M's user avatar
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4 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

In China, as I know, if a prisoner is acquitted and released, according to the "State Compensation Law of the People's Republic of China," they are entitled to apply for state compensation. ...
PoonKinWang's user avatar
4 votes
Accepted

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

The actual order / outcome is only binding on the parties. It does not generally affect what other parties might argue or what judges might decide in different disputes.1 Precedent takes its force ...
Jen's user avatar
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3 votes

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents?

When a defendant takes a plea deal offered by the prosecutor, does that set future legal precedents? No. Or are future legal precedents only set when you go to a bench trial or a jury trial? No. ...
ohwilleke's user avatar
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3 votes

Are there countries where the defendant has the right to be absent from their trial?

Fact check: A U.S. defendant can decline to attend their criminal trial with the permission of the judge, at least in New Hampshire. In February 2024, Defendant Adam Montgomery, on trial for the ...
MTA's user avatar
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2 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

Here is almost the reverse (wrongful conviction rather than acquittal): Wrongly convicted in Britain no longer forced to pay ‘saved living costs’ in prison One of Britain’s longest-serving victims of ...
Simon Crase's user avatar
2 votes

In Scotland, when can police retain key legal documents of a suspect after an arrest?

The UK would insist that, despite all they are doing to deter refugees and other migrants, they are meeting the minimum requirements of international humanitarian law. So nobody has their life put in ...
o.m.'s user avatar
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1 vote

Can an adult who was incarcerated as a minor sue for damages?

This cannot be accomplished in the United States given only the facts presented in the question. Incarcerating someone who didn't commit a crime does not create civil or criminal liability unless that ...
ohwilleke's user avatar
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1 vote

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

To expand on the situation in Mainland china mentioned by another answer, the State Compensation Law provides, since 2010, that the State is liable Where a citizen is detained in violation of the ...
xngtng's user avatar
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