Questions tagged [prosecution]
66 questions
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Can a prosecutor hold back charges so they can try again?
Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc.
Obviously, there are a plethora of charges available to the…
Dale M
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Can the President of the United States pardon proactively?
President Trump's administration has just formally started the transition process. He is now officially a lame-duck President. It is common for outgoing Presidents to grant pardons in this last phase of their presidency, while they still have the…
Peter - Reinstate Monica
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What happens to Donald Trump if he refuses to turn over his financial records?
Headlines for 2021 February 22 read "Supreme Court Approves Subpoena for Trump's Financial Records".
Since the Supreme Court has now ruled on the matter, I am not aware of any other body to which Donald Trump can legally appeal.
What happens to…
Amazon Dies In Darkness
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Is a private third party allowed to take things to court?
Say that Viola the Victim and Percy the Perpetrator have a dispute, but don't want to go to court. However, William witnesses everything and wants to take Percy to court over what he did. Can William reasonably do this?
In the extreme case where the…
chausies
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Can you be prosecuted for not quitting a group chat where you are invited accidentally and you're aware of it?
Recently journalist Jeffrey Goldberg was accidentally invited into a Trump administration group chat. He shouldn't have been in there, and he ended up quitting the chat on his own.
Had he not quit and the admins only found out much later, would it…
Mango Linguine
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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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Why does Double Jeopardy apply if you confess?
If you were tried for murder and acquitted - then you go out and publicly admit that they were wrong, you did actually murder that person. Where is the justice in not being able to be tried again in those circumstances? There is now no doubt that…
Jon
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Does a positive outcome for the victim of a crime give the perpetrator a defense?
A thief steals a car right before a natural disaster occurs, which would have certainly destroyed it, then later he returns it to the owner (or gets caught and the car is retrieved intact).
Would the fact that his actions saved the owner's property…
Jony
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15
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What legal recourse do citizens have when law enforcement refuse to address crimes for political reasons?
This is a bit of follow-up to this situation, although the question is different and things got much worse.
According to a recent poll, 40% of San Francisco residents are considering moving out of the city. Many attribute this in part to the SF DA,…
Michael
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If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does getting exonerated from A mean you can't keep…
chausies
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(Your unlawful act) "will be prosecuted to the maximum extent possible under the law." For real?
Several software products make statements about possible prosecution, for example Microsoft Office:
Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be…
miroxlav
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How do prosecutors prepare to cross-examine defendants?
Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still needs to be ready.
So, Peter thinks up a few…
Greendrake
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Can I initiate prosecution for a lie in a sworn affidavit that I relied on?
Let's say someone provided me a sworn affidavit that I relied on (in case it matters, this is for a landlord/tenant matter). I later find very good evidence that the statement in the affidavit was, in fact, a lie. Other than any civil remedies that…
Eugene
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Can a judge or prosecutor be compelled to testify in a criminal trial in which they officiated?
Without considering why a party in a criminal trial might want to do so, are there any obstacles to subpoenaing and examining any of the following people as witnesses during the trial? ETA: Not as eye-witnesses to the alleged crime, but rather as…
feetwet
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Imbler v. Pachtman and Texas prosecutor Ken Anderson
In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-prosecutorial-misconduct-jail/ :
Mr. Anderson’s…
neubert
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