30 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

Yes. Juries aren't terribly accurate. There is an irreducible chance that no matter how clear the outcome should be that the jury will get it wrong. Based upon a review of the academic literature on ...
ohwilleke's user avatar
  • 207k
22 votes

Faulty legal advice

Question 1: would the charges be lessened, if I say that my lawyer told me it was ok? Question 3: let's say the scenario was very different, involving something much more complicated, such as ...
ohwilleke's user avatar
  • 207k
10 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

The defendant cannot be sure that the evidence will leave the trier of fact (judge or jury) with no reasonable doubt that the defendant committed the crime. Thus, the defendant can only "know&...
Jen's user avatar
  • 51.9k
9 votes

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

In the English legal system you get a small bonus for pleading guilty early. Since that might equate (in a murder trial) to less than a few months of additional jail time after a potential sentence of ...
Richard's user avatar
  • 4,105
7 votes

Faulty legal advice

It depends on the offense. If the law turns on the question of whether you understood what you were doing was illegal, then you could assert an advice-of-counsel defense. An assault charge rarely ...
bdb484's user avatar
  • 58.3k
4 votes

Faulty legal advice

You don't need to ask a lawyer to have the common sense that hitting someone outside of the practice of martial arts is wrong. Faulty legal advice generally doesn't help you in a criminal case. So I ...
Therac's user avatar
  • 2,918
4 votes

Is it legal to profit from explaining a book's content?

That licence does not allow you to do what you want It’s a non-commercial licence and your usage is commercial (making money). You don’t need a licence to perform commentary or review of a book ...
Dale M's user avatar
  • 205k
3 votes

What are some exceptions to the principle of "lex specialis" that aren't "lex superior" and "lex posterior"?

One of the principles of statutory interpretation in common law countries is that statutes are not deemed to displace common law rules unless this intent is clearly indicated by the statute. This is ...
ohwilleke's user avatar
  • 207k
2 votes

Why are religious figures given the status of "legal person" in India?

Overview In India, religious figures have been given the status of legal person, and from the case law, I've read there doesn't seem to be a clear rationale for this. The basic problem is how to ...
ohwilleke's user avatar
  • 207k
1 vote

What are some exceptions to the principle of "lex specialis" that aren't "lex superior" and "lex posterior"?

The principles of lex specialis, lex superior, and lex posterior are some of the most well-known maxims used to resolve conflicts between laws. They provide a framework for determining which law ...
Sergei Tokmakov Esq's user avatar

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