61
votes
Accepted
Is "My Cousin Vinny" dismissal actually possible?
This is entirely possible in a number of different motions that could have been made. At this point, Vinny had destroyed the Prosecutor's eyewitnesses by showing they had issues that called their ...
- 22.8k
54
votes
Are lawyers allowed to lie about the law during closing arguments?
A lawyer is obligated to accurately state the law as stated in the jury instructions in closing argument (and also not to make a clear and deliberate misstatement of the facts presented at trials, and ...
- 195k
51
votes
Accepted
Does pre-trial detention exist only because of a resources constraint?
Even if unlimited resources were available, in order to have a fair trial, the prosecution and defense both need time to prepare their cases, research the law, conduct investigations, gather evidence, ...
- 29k
47
votes
Accepted
Are witnesses allowed to give private testimonies?
united-states
The Sixth Amendment gives a defendant in a criminal case the right to “confront one’s accuser”, and the Supreme Court has taken a notably originalist view of this right, holding that ...
- 1,767
39
votes
Accepted
How can Edward Snowden be denied a jury trial?
The trial at issue is a civil trial over the publication of his book Permanent Record and the non-disclosure agreement that he signed connected to his employment, see the DoJ announcement, which also ...
- 210k
38
votes
Accepted
Is a potential juror protected for what they say during jury selection?
united-states
The jury selection process (voir dire) is normally done in open court. Walter's statements would be heard by anyone present. Reporters can be present, and may choose to publish accounts, ...
- 113k
36
votes
Accepted
If a defendant is found guilty, they can usually appeal to a higher court. Is the plaintiff appealing an acquittal also allowed?
In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, ...
- 210k
34
votes
Accepted
USA: Can a witness take the 5th to avoid perjury?
Your ability to assert your Fifth Amendment right against self-incrimination is not limited to cases where you are on trial or have been accused of a crime. Your ability to assert that right is also ...
- 210k
33
votes
Accepted
How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?
Just like every other contested assertion
They hear the testimony (evidence-in-chief, cross-examination, redirect), look at whatever physical evidence and submissions on the law that the party wishes ...
- 198k
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 ...
- 195k
28
votes
How are expert witnesses motivated?
It’s their job
Or, at least, part of their job.
For some, like state-employed medical examiners it’s an explicit part of their job description that they will give expert testimony when required.
For ...
- 198k
28
votes
Is "My Cousin Vinny" dismissal actually possible?
Such dismissals are uncommon, but they are permissible. Rules of criminal procedure vary from jurisdiction to jurisdiction, but they will generally permit the government to dismiss charges when it ...
- 57.2k
28
votes
What remedies can a witness use to satisfy the "all the truth" portion of their oath?
"The whole truth" is part of a formulaic phrase which has been operationalized to mean merely "don't commit perjury."
A witness simply answers the questions asked and is not ...
- 195k
25
votes
Accepted
Are juries able to ask questions during a trial?
First, while Law and Order should not be taken as an accurate depiction of a New York trial, it especially should not be taken as an accurate depiction of an Australian trial. Australian law, while it ...
- 23.6k
24
votes
How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?
I am planning on seeing if a video taped testimony to be played at
trial would suffice in lieu of actual face to face confrontation with
defendant.
This does not satisfy the confrontation clause. At ...
- 195k
22
votes
Accepted
Why are trials on "Law & Order" in the New York Supreme Court?
As described at the State of New York Court of Appeals website, the supreme court is the system of trial courts for serious cases. The highest court in New York is the Court of Appeals. It serves the ...
- 4,237
19
votes
Accepted
What is the basis that allows a judge to reject a defense in a criminal trial in the USA
A judge has the authority to determine what law applies to a case and to instruct the jury accordingly, and also has the authority to determine which evidence is admissible.
Presentation of a defense,...
- 195k
19
votes
Accepted
Is it possible for a witness to backtrack and claim that their previous statements were wrong because they misremembered?
Is it possible for a witness to backtrack and claim that their previous statements were wrong because they misremembered? ... Is the witness now allowed to say something along the lines: "Huh. ...
- 43.2k
18
votes
If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
It depends on what you mean by "doesn't stick." If Mark is acquitted of murder in state court, he can't be tried again in state court for the same act of homicide. If the charges are ...
- 35.2k
17
votes
How are expert witnesses motivated?
The other answers have covered good reasons, but here's one more: when you serve as an expert witness, it demonstrates that at least some people hold you in high regard as an expert on your subject, ...
- 623
17
votes
Are underage people allowed to defend themselves in court?
united-states
The Supreme Court has affirmed the constitutional right to self-representation in Faretta v California, but in Godinez v. Moran, the court injected the logically prior question of ...
- 210k
17
votes
Accepted
Why are jurors still asked to apply the law if their primary role is to find facts?
Sometimes, juries are asked to make pure findings of fact. These are called special verdicts, and they used to be more common, especially when juries decided civil cases.
For example, Trustees of ...
- 8,632
16
votes
Are opening and closing statements part of the record?
Yes. Opening statements and closing arguments are part of the record, but they are not evidence on the merits of the case.
Courts often cite them in their rulings on various issues, especially because ...
- 57.2k
14
votes
USA: Can a witness take the 5th to avoid perjury?
This really depends if Alice's questions are during Direct Examination or Cross Examination.
If direct, Alice called Bob to the stand and Bob is testifying to his account of the events in support of ...
- 22.8k
14
votes
If a witness asks for their lawyer during a trial, how is it handled?
Generally speaking, witnesses are not legally represented at trial, unless they are also parties. While a witness may choose to seek legal advice about a request or order they have received to give ...
- 8,632
13
votes
How can Edward Snowden be denied a jury trial?
A judge only trial (aka a bench trial) is possible in the United States, though it must be requested by the defense (essentially the defense waives its right to trial by jury, in which case the judge ...
- 22.8k
13
votes
Can the accused change their mind about testifying mid-trial? USA criminal law
Normally, the prosecution case will not rely upon the testimony of the defendant. Instead, the prosecution will call all of its witnesses until its evidentiary case is complete.
Then, the defense case ...
- 195k
Only top scored, non community-wiki answers of a minimum length are eligible