49
votes
Accepted
Why is the defendant presumed guilty in traffic court?
It seems like the officer should have to present at least some kind of evidence that the alleged crime occurred.
Testimony is evidence. Officers can and do abuse this, but courts tend to give them ...
- 40.1k
28
votes
Does the sixth amendment entitle me to know who called the county on me for a code violation?
It depends on whether you were cited for the violation and the nature of the violation.
Contrary to the other answers here, building-code violations in Maryland can, in fact, be criminal offenses, ...
- 61.8k
27
votes
Does the sixth amendment entitle me to know who called the county on me for a code violation?
The Sixth Amendment states that "In all criminal prosecutions, the accused shall enjoy... the right to be confronted with the witnesses against him". You are not being criminally prosecuted, ...
- 6,208
23
votes
Accepted
What is the meaning of "Individual-1"?
Identifying someone as a criminal without charging them and thereby giving them an opportunity to clear their names has due process implications, largely because of the associated reputational damage.
...
- 61.8k
23
votes
Could a judge sentence someone who isn't on trial?
No. This isn't possible.
A judge can only sentence someone after they have pleaded guilty or been found to be guilty, following an indictment or criminal complaint, and multiple advisements of rights....
- 240k
17
votes
Why is the defendant presumed guilty in traffic court?
European viewpoint:
"Innocent until proven guilty" relates only to the criminal process.
There is also an "administrative process" where the traffic control pretty much belongs, as ...
- 1,319
14
votes
Does the sixth amendment entitle me to know who called the county on me for a code violation?
Is my accuser the person who petitioned the county to investigate a code violation?
No. The Sixth Amendment provides the right to know the name of anyone who is asserting to have personal knowledge ...
- 6,202
13
votes
Accepted
Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?
For the plea deal to be considered by the judge, it had to be disclosed in court to the judge. Only in extremely extraordinary circumstances would court proceedings be closed to the public. However, ...
- 72.7k
12
votes
Could a judge sentence someone who isn't on trial?
Historical speaking, the British system of law dates back to the Magna Carta and is designed to prevent abuse of power by the King / State Government. Think of the Red Queen from Alice in Wonderland ...
- 229
12
votes
Why is the defendant presumed guilty in traffic court?
However, if it's his word against mine ...
I don't know the US point of view, but I have read that in Germany the courts evaluate the "evidence" (which includes statements of witnesses) by ...
- 852
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 ...
- 115k
10
votes
Accepted
Is the U.S. entity ban against Huawei against the rule of law?
I believe you are using rule of law when you mean due process. The former refers to equality before the law and the subjugation of executive government to the law while the latter refers accepted ...
- 227k
10
votes
Accepted
Why hasn't civil asset forfeiture been ruled unconstitutional?
Civil forfeiture typically pits the government against property, not the government against an individual, and in the US (also anywhere else), only people have rights: property has no rights. The ...
- 217k
9
votes
Accepted
U.S. Law: Why would evidence be viewed in the light most favorable to prosecution?
You are quoting standards that are applicable during an appeal. So in this case, the defendant was brought to trial, was found guilty by a jury, and is now appealing that conviction. During that ...
- 3,321
8
votes
"Reasonable doubt" and conditional probabilities
The phrase "reasonable doubt" was formed hundreds of years ago, and does not hold any mathematical or probabilistic meaning.
It is for each individual juror to decide for themselves what constitutes "...
- 8,879
8
votes
Is there a situation where someone can be sanctioned without trial?
In the US, this can happen for contempt of court if it happens in open court. If the judge thinks the contempt needs to be dealt with immediately, they can convict and sentence on the spot. The person ...
- 24.2k
8
votes
Accepted
Can an improper prosecution defeat the double jeopardy rule?
Typically at trial, the "Trier(s) of Fact" (usually the Jury, unless the defendant requests a bench trier, then it's the judge) will have instructions from the "Trier of Law" (...
- 23.2k
7
votes
In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"?
In the United States who has the authority and what is the procedure to determine if conduct by an individual is "illegal"?
You are conflating several different ideas here, which is probably the ...
- 655
7
votes
Public Library Bannning "Problem Patrrons" : Scope and Source of Authority?
This can be effected without evidence or trial or a right to an appeal in front of an objective party.
Not so. If a person is charged with a crime for violating such a code, (or refusing to leave ...
- 115k
7
votes
Accepted
Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
(The original title of your question suggested you might think that federal circuit precedent binds state courts: it generally does not, even on matters of federal law.)
But regardless, Congress would ...
- 72.7k
6
votes
Accepted
Would Hitler have been protected by Sovereign Immunity?
Sovereign immunity is the wrong doctrine
Sovereign immunity relates to the inability of a sovereign or state to commit a legal wrong and immunity from civil or criminal liability. However, it applies ...
- 227k
6
votes
Accepted
Are there legal limits to U.S. states taxing out-of-state income?
Both the Due Process Clause and the Dormant Commerce Clause impose meaningful limits on states' ability to tax income on residents.
The Due Process Clause requires "minimum contacts" between ...
- 61.8k
6
votes
Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?
No, there was no legal requirement that the plea agreement be announced. Practically, it is unlikely that in a high profile case like this a plea agreement would be reached and no details would leak ...
- 3,321
6
votes
What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?
An incarceration punishment, almost by definition, make an offense a criminal one for constitutional law purposes. This is, for example, what triggers the right to counsel.
In its 1979 opinion in ...
- 240k
5
votes
Accepted
Is it a violation of due process for a public committee to have no regular rules of order?
In most cases, the failure to use Robert's Rules of Order will not be a violation of due process. To be a violation, (1) due process must be required; and (2) the procedure must either (a) fail to ...
- 61.8k
5
votes
Does the sixth amendment entitle me to know who called the county on me for a code violation?
The Sixth Amendment does not help you, but your state's Public Records law might. This is the law for Washington state. Under that state law, government records are public, with certain exceptions. So ...
- 217k
5
votes
Why is the defendant presumed guilty in traffic court?
You are not presumed guilty. You are accused by an eyewitness (the police officer). In my experience, if the eyewitness does not appear, the case is dismissed.
Even then, his word is not beyond doubt, ...
- 51
5
votes
Can a person be fired, banned and evicted (etc.) without a court order?
It seems like a lot of "punishments" can be applied to a person without having to go to court.
Yes, because everyone has the right and freedom to associate, or dissociate, with other people,...
- 6,401
5
votes
Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
Generally speaking, Congress does enact uniform federal laws, and there may be some constitutional boundaries and limitations on enacting local laws (as noted below with respect to bankruptcy court ...
- 240k
4
votes
Is it a 5th amendment violation to set a person up to be arrested?
There are two primary parts to the question. The first is, is it a violation of the due process clauses to deprive you of property or liberty without following the law: the answer is, it is. If you ...
- 217k
Only top scored, non community-wiki answers of a minimum length are eligible