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Questions tagged [due-process]

50 questions
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Why is the defendant presumed guilty in traffic court?

This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should have to present at least some kind of evidence that the…
tlewis3348
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What is the meaning of "Individual-1"?

During the Cohen trial last night, Trump was described as "Individual-1." Now I know they weren't trying to hide who this "Individual-1" was because they deliberately said that Individual-1 became President in 2017, which narrows the possibilities…
Jonathan Kuhl
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Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a theory called "civil asset forfeiture." The…
anotherguy
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Could a judge sentence someone who isn't on trial?

A somewhat common TV trope is for a judge to sentence someone who isn't actually on trial - for example, the real culprit bursts into the middle of a trial and confesses, and then the judge says, "In that case, I sentence YOU..." Could this ever…
Anon
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9
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was Biden's legal team legally required to publicly…
Very Tiny Brain
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Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?

Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these differing interpretations involve what seems like…
Alan
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Is there any other jurisdiction where a government-devised scheme similar to civil forfeiture for crime prevention exist other than the U.S.?

In the U.S., many states adopted laws that allow law enforcement to appropriate property that is liquid or easily liquidated (in practice predominantly cash) not only in cases where past criminal activity has been found substantially likely by law…
kisspuska
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8
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Are there legal limits to U.S. states taxing out-of-state income?

When a New York State non-resident has NYS income, NY's tax rates are based NOT on the absolute amount of the NYS income, but on the non-resident's federal income, pro-rated to the percentage earned in NY. For example, if the non-resident earns…
jay613
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8
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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?
Bbb
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4
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Can an improper prosecution defeat the double jeopardy rule?

If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of the incorrect law he was charged with breaking,…
Neil Meyer
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3
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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. For example a person can be banned from private or public property for any or no reason. I've seen residential leases that state a lease can be…
copypasteme
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3
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Is there a situation where someone can be sanctioned without trial?

Given a person commits an obvious infraction1 of a law B and this law has a sentence established by a legal statute that does not consider jury consultations possible, is there some legal framework to be sanctioned without trial? 1Say confessing to…
antinazi
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3
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Are the courts open when the law library is closed?

Throughout the US, many courts face the challenge of providing services while concurrently attempting to comply with health guidance from the national, state and regional authorities. In many cases this has resulted in denial of access by the public…
mongo
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What is arbitration and mediation?

What does it mean to resolve disputes with arbitration and mediation? I understand that they're alternatives to going to court, but how can companies or individuals enforce this with contracts? What I mean is, if it's always a cheaper and faster…
Smith
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Defective motion on its face - does judge deny, dismiss, or strike it (without hearing the motion)?

I received a motion that fails to state facts or elements as required. I always thought that motions get denied, not dismissed. The motion fails raise all issues as required, e.g., in child custody cases, the primary consideration (by statute) is…
Charlotte Karlan
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