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Questions tagged [trial]

For questions about trial in a court of law -- customs, procedures, and rules.

178 questions
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Is "My Cousin Vinny" dismissal actually possible?

In one of my favorite films of all time, 1992's My Cousin Vinny, at the end of the trial when it's abundantly clear the prosecution will lose, at least that's the conclusion the filmmakers want the audience to surmise, Trotter pronounces... "the…
Scott
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Are lawyers allowed to lie about the law during closing arguments?

In his closing arguments during the Kyle Rittenhouse case, the prosecution said (full quote) that “You lose the right to self-defence when you’re the one who brought the gun, when you’re the one creating the danger, when you’re the one provoking…
Ryan_L
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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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USA: Can a witness take the 5th to avoid perjury?

Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that doing so would mislead the court so greatly that he…
GridAlien
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What remedies can a witness use to satisfy the "all the truth" portion of their oath?

Hypothetical: A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought incomplete and possibly leading to a misunderstanding…
Mindwin Remember Monica
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How can Edward Snowden be denied a jury trial?

Is the US right to a trial by jury a conditional right which can be revoked preemptively? It was my understanding the US Constitution allowed anyone accused of a crime to be judged by a peer jury. However, Edward Snowden would not be allowed to…
steampowered
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Why are jurors still asked to apply the law if their primary role is to find facts?

Why do juries get asked whether the defendant is guilty or not instead of simply whether certain alleged facts took place? Say Rob is being tried for the murder of Bob, but there's also a possibility of manslaughter. Within the existing system, the…
Greendrake
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How are expert witnesses motivated?

As a party to a court case, how can one motivate to testify a person who has the wanted expertise? Offer them $$$? (Let's not consider those expert witnesses who make living by testifying / actively seek to be engaged. Those are motivated already,…
Greendrake
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Are underage people allowed to defend themselves in court?

Bob is underage, yet commits a severe criminal act that's worthy of going to trial. Normally, one is allowed to represent themselves in court, however ill-advised that may be. But is Bob, underage as he is, allowed that same right? Feel free to set…
chausies
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Is a potential juror protected for what they say during jury selection?

Walter and Bob are potential jurors for the same trial for a white supremacist. Walter happens to believe in white supremacy. Bob happens to be Walter's boss (or even just a potential employer). During jury selection, they ask Walter about anything…
chausies
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What happens to a trial if the presiding judge is unable to finish the trial?

What happens if, during an ongoing trial, the presiding judge dies, is injured, or otherwise is unable to finish the trial?
Nzall
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Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

For example, if the evidence is overwhelmingly against them and the defendant knows they are guilty and there is no chance for a lesser sentence or a plea deal (happens in certain jurisdictions), is there still any merit to continuing with a trial?
user49663
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Are juries able to ask questions during a trial?

One thing I keep seeing on TV crime dramas like Law and Order is that the defense and prosecution ask questions of those at the bench for the sake of the jury, at times trying to trigger emotional responses to sway a jury's opinion (i.e. trying to…
Memor-X
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Does pre-trial detention exist only because of a resources constraint?

A lot of people are talking about alternatives to cash bail recently, which made me wonder, why does pre-trial detention exist in the first place? My layman's understanding of pre-trial detention is that it's a kind of "buffer" or a necessary evil.…
somebodyisakoala
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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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