Questions tagged [criminal-procedure]
208 questions
41
votes
4 answers
Why did this US prosecutor keep asking whether documents would refresh a witness's memory?
Background
I served on a jury during a criminal trial in the United States several years ago. There was a strangely formal interaction that repeated itself a few times during the trial.
The prosecutor, while holding some document, would ask a…
Steve V.
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40
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3 answers
Why and when would an attorney be handcuffed to their client?
While reading about the trial of Hans Reiser I came across this peculiar sentence:
On Monday, July 7, 2008, Reiser led police to Nina's shallow grave in the Oakland Hills. Reiser's attorney, William Du Bois, who was handcuffed to Reiser and…
pipe
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30
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Can a judge suggest to the jury that a witness is lying?
I was recently party to a preliminary hearing in a criminal case in which a 911 call was played. The content of the 911 call was very beneficial to the defendant. During the hearing, the judge said something to the effect of, "It would be a question…
Cicero
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To what extent can US police lie to a suspect?
I believe it is common knowledge that American police are allowed lie to a suspect, but how far can they go?
Can they say / show a suspect things like these examples--
We have a witness who saw you steal the car? (They don't)
We have a written…
user 55905
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23
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When did criminal discovery rules substantially form?
The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides.
For example, the defense has no much idea what the main…
Greendrake
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21
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9 answers
What happens if a prosecutor refuses to file charges?
Inspired by the answer to a previous question I asked.
Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that the police would investigate, and the local…
Allure
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19
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5 answers
Are there countries where defendants are fully compensated for their time if they’re found not guilty?
Let’s say you’re an underwater welder with a net profit rate of $500/hour of work. The government puts you on trial for a murder you didn’t commit. The proceedings take a long time and the court is far from the ocean, so you end up missing out on…
JonathanReez
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18
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4 answers
What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?
In this weeks UK news, we read that the Colston Four were acquitted. For those unaware, these were four individuals who played an active role during BLM protests, in pulling down and dumping in the water a prominent and contentious statue of someone…
Stilez
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18
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6 answers
Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?
This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal trial occurs, and the defendant is not already…
Ben
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18
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5 answers
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.
Here's an example I thought of when stuck behind a bus this…
Brian R
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17
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6 answers
Can a legally sentenced but escaped offender be legally executed by a drone attack?
Imagine the fictional situation: someone (e.g. a U.S. citizen) commits a capital offense, he is arrested and legally sentenced to death.
Then he somehow escapes.
His hiding place is discovered, and the only way to kill him is by a drone attack.
Can…
Gray Sheep
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17
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5 answers
"Innocent until proven guilty" doesn't apply to bail?
How does the law reconcile the "innocent until proven guilty" principle with the treatment of those awaiting trial on criminal charges?
At least in the U.S., it seems like there is a meta-criminal-justice system in which merely being accused of a…
feetwet
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17
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3 answers
What would happen if there is an attempt by police to deceive a judge to get a warrant?
Would I be correct in saying that police have a duty to fairly represent the facts to a judge when they attempt to get a warrant to search premises? Is there some sort of oversight in regard to how warrants are issued? Or is the oversight having…
Neil Meyer
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17
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Can illegally obtained evidence be used in favor of the defendant in a criminal case?
Regarding US law, my general understanding is that if evidence was obtained in an illegitimate way (e.g. under false pretenses), then it may be inadmissible as evidence to support a conviction in a criminal case. The basic rationale for that is…
G. Bach
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15
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Can a person plead guilty without being charged?
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 charged with a crime?
Someone
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