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What else can I help you with?
Can one of the witnesses to a crime also serve as an attorney?
wouldn't that be a conflict of intrest?The actual answer would vary based on the particular jurisdiction. According the ABA Model Rules of Professional Conduct (Rule 3.7), a necessary witness could serve as an attorney before trial, but not at trial.
Why does a defendant not have to testify?
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.
Which of the required all criminal cases to be tried in front of a jury?
No. A jury is not required for all criminal cases. A defendant can plead guilty or no contest and simply appear before a judge. A defendant can also wave his right to a jury trial and have the trial in front of a judge. A defendant simply has the right to a jury trial in most criminal cases in The United States. There may be a few misdemeanor cases where the penalty is small fine where he is not entitled to a jury trial.
Should a defendant have to be present in the courtroom or would a virtual courtroom surffice?
Many jurisdictions use closed-circuit TV communication for the arraignment or preliminary hearing process. Also, (although done only in rare circumstances) if a defendant becomes unruly and/or displays violent tendencies in the court, the judge may order them removed to witness the remainder of the trial via TV as well.
Can someone other than a party to a case speak at a pretrial conference if that person has concerns about the defendant being a danger to others based on past actions or written threats?
That action should have taken place at either the defendant's arraignment, preliminary hearing, or bail hearing. A pre-trial conference is between the prosecutor and the defense attorney in which they discuss "disclosure,' exchange witness lists and other administrative matters pertaining to the conduct of the upcoming trial. You could write a letter , or request a meeting with the prosecutor, to try and impress on him the danger that the 'free' defendant poses. If he can be convinced, he can submit a motion to the court requesting the defendant's bail be revoked. Also, check to see if your local law enforcement agency (or the prosecutor's office) might have a Victim/Witness Advocate program which might be able to help you.
Can a witness involved in deposition procedure choose to remain silent?
A deposition is when the lawyers for one side or the other in the case subpoena a witness and depose him or her, asking him or her the exact same questions, under oath, and with a court reporter present, that they would ask him or her in trial. Depositions usually happen in the law offices of one side or the other in the trial; and lawyers from both sides are present. Since depositions are done for the purpose of finding out what the opposing party's witnesses are going to say at trial, the deposing attorney is allowed to use cross-examining techniques and is not limited to the restrictions placed on direct examination. After all, the person being deposed is not the deposing attorney's witness unless the deposition has been called for the purpose of preserving the testimony of a witness whose health is in grave danger or who might be unavailable at trial for some reason. After the deposing attorney is finished, the other attorney is allowed to ask follow up questions to clarify answers of the witness. Those questions are not cross-examining questions; they are more in the nature of redirect examination questions. Since there's no judge present, if either side objects to something, it's either noted for possible later ruling by the judge, or the deposition stops and the parties go before the judge to get a ruling, and then they resume. In a criminal trial, the defendant cannot be subpoeanaed as a witness... either in a deposition, or at trial. However, if it's a civil case, then the defendant may not refuse to testify. S/he may not "remain silent." However, if something the defendant might say, even in a civil trial, could somehow incriminate him/her, then s/he may assert his/her right against self-incrimination under the Fifth Amendment to the Constitution of the United States, and remain silent. Such doesn't usually go over very well, though, with the judge in a civil trial... especially if the witness is the civil defendant. A hearing would likely ensue, and the defendant may very well be ordered to testify... especially if the prosecutor gives the defendant what's called "use immunity," thereby eliminating any possibility of prosecuting the civil defendant for anything to which s/he testifies in either civil deposition or civil trial. A defendant who "takes the fifth," as it's called, in a criminal trial, is another matter altogether. Usually, such is not even necessary since all parties know that the defendant need not testify in his own criminal trial, no matter what. Of course, if he wants to, he can; and if he does, and he hits a point in his testimony wherein his answer could further incriminate him, then, yes, he could "take the fifth." But, again, there'd be a hearing, then likely an offer of some kind of conditional use immunity, and the defendant may very well be ordered to testify. While judges are loathe to order criminal defendants to testify, once they deign to get on the witness stand, and start to so do, all bets can, in the judge's mind, be kinda' off. Any witness, though, may, if s/he has a reasonable good faith belief that his/her answer will incriminate her -- whether in a civil or criminal deposition, or at civil or criminal trial -- invoke his/her rights under the Fifth Amendment, and so, then, remain silent. However, s/he had better not be lying about that reasonable good faith belief. It has to be real, and it has to be serious. It can also, in most states, not be selective. A witness may typically not testify as to one thing, and then selectively "take the fifth" regarding other things. Usually, once the witness "takes the fifth," then his/her testimony is overwith. The exception can be grand jury testimony, which can, in some states, be selective.
What is the prosecutions role in a trial?
The prosecution's role in a trial is to present evidence and arguments to prove the defendant's guilt beyond a reasonable doubt. They also cross-examine witnesses presented by the defense and advocate for a guilty verdict. Ultimately, their goal is to secure a conviction for the crimes the defendant is accused of.
What are the pleadings filed by the plaintiff?
The defendant files an Answer to the Complaint. In the Answer, defendant responds to each allegation of the complaint, one by one, stating whether the defendant admits, denies or leaves plaintiff to his proofs as to each individual allegation. Also, a defendant might file a counter-claim, if defendant has an affirmative claim against plaintiff. A defendant might also file a cross-claim if defendant believes that some other person is responsible for plaintiff's damages.
How do you cross examine a witness?
Cross-examination is governed by the rules of evidence of the particular jurisdiction. In criminal cases a defendant, through his lawyer, have the constitutional right to confront the prosecution's witnesses. Nevertheless, the questions and scope of cross-examination can be quite limited and lawyers representing each side are permitted to object to questions that are irrelevant, improperly phrased, or lacking foundation. While most people think a good cross-examiner aggressively attacks a witness's veracity, a sophisticated trial lawyer may use cross-examination to elicit favorable facts from a witness in a non-hostile manner. Arguably, cross-examination is the reason for the trial. A trial lawyer may also use cross-examination to clarify a witness's testimony.
What are some important considerations to keep in mind when formulating expert witness questions for a trial?
When formulating expert witness questions for a trial, it is important to consider the relevance of the questions to the case, the qualifications and expertise of the witness, the clarity and specificity of the questions, and the potential impact of the answers on the outcome of the trial. It is also important to avoid leading questions and to ensure that the questions are phrased in a way that is easily understood by the judge and jury.
Can evidence from one trial be used in another?
If the evidence is relevant in another trial, it can be used. The issue may be whether there should be a second trial at all. If it is a second trial with the same defendant there are issues of double jeopardy. If it is a second trial with a different defendant then the question arises whether the evidence is relevant. There can also be a civil trial following a criminal trial, in which case again the question is one of relevance. The most famous civil trial following a criminal trial is the OJ Simpson situation, and much evidence from the criminal trial was relevant to the civil lawsuit. See related links below.
Why does the jury never look at a defendant it has convicted?
The jury may not look at the defendant they have convicted as a sign of respect for the seriousness of the decision they have made. It can also help maintain the emotional distance necessary for them to make an impartial decision based on the evidence presented during the trial.
