l****o
发帖数: 211 | 1 一个人犯了法之后，比如杀人未遂吧，被警察逮捕后，程序是怎样的？
1，会有笔录吗？还是就先关起来，等待与律师见面？
2，什么时候可以交bail？是谁决定bail的数量？
3，什么时候会开庭审判？
4，如果被告说有精神病，那么谁负责找精神病医生来鉴定？
或者哪里有网站可以查到？
谢谢！ | m******t
发帖数: 2416 | 2
IANAL, but I guess the police will interogate you after reading
you your rights, and you get your phone call (man, I still can't
believe you used that only phone call you got to post here...)
I think both are determined by a judge. You can post the bail
whenever you come up with the money.
Not sure, I would assume it's the defendant's responsibility--
and also rights, perhaps.
【在 l****o 的大作中提到】
: 一个人犯了法之后，比如杀人未遂吧，被警察逮捕后，程序是怎样的？
: 1，会有笔录吗？还是就先关起来，等待与律师见面？
: 2，什么时候可以交bail？是谁决定bail的数量？
: 3，什么时候会开庭审判？
: 4，如果被告说有精神病，那么谁负责找精神病医生来鉴定？
: 或者哪里有网站可以查到？
: 谢谢！
| a*****i
发帖数: 4391 | 3
From the limited # of law and order I watched, I think it is if your
lawyer wants to defend you with the reason of insanity, then you can
get a psychologist to make a proper examination. (both defendant and
prosecutor)
【在 m******t 的大作中提到】
:
: IANAL, but I guess the police will interogate you after reading
: you your rights, and you get your phone call (man, I still can't
: believe you used that only phone call you got to post here...)
: I think both are determined by a judge. You can post the bail
: whenever you come up with the money.
: Not sure, I would assume it's the defendant's responsibility--
: and also rights, perhaps.
| m******t
发帖数: 2416 | 4
Hmm, that's interesting -- can the prosecutor require you(the defendant)
to go through _their_ examination, in order to prove you are not insane?
In other words, can you refuse?
【在 a*****i 的大作中提到】
:
: From the limited # of law and order I watched, I think it is if your
: lawyer wants to defend you with the reason of insanity, then you can
: get a psychologist to make a proper examination. (both defendant and
: prosecutor)
| l****o
发帖数: 211 | 5 Thank you guys. I am not sitting in the jail and use their computer to log on
here. :-) I just want to write a fiction which starts with a person detained
by the police and claimed to be insane.
【在 m******t 的大作中提到】
:
: Hmm, that's interesting -- can the prosecutor require you(the defendant)
: to go through _their_ examination, in order to prove you are not insane?
: In other words, can you refuse?
| M******k
发帖数: 27573 | 6 again from Law & Order, I think both experts must testify
and leave the jury to decide.
【在 m******t 的大作中提到】
:
: Hmm, that's interesting -- can the prosecutor require you(the defendant)
: to go through _their_ examination, in order to prove you are not insane?
: In other words, can you refuse?
| l****o
发帖数: 211 | 7 寄信人: choi (choi)
标 题: Re: 问个美国警察和法庭程序的问题
发信站: 未名空间 (Mon Oct 10 09:36:05 2005)
来 源: 128.197.
Not a member, I can't post in this board, not a member. So I write directly.
If you want to share with your fellow member, you are authorized to re-post
this correspondence.
I am originally from Taiwan. Not a lawyer, but I am familiar with courts (
federal and state; criminal and civil) in US.
Criminal laws in US mostly are more or less the same in US, to the extent US
Constitution, as interpreted by US
【在 l****o 的大作中提到】
: 一个人犯了法之后，比如杀人未遂吧，被警察逮捕后，程序是怎样的？
: 1，会有笔录吗？还是就先关起来，等待与律师见面？
: 2，什么时候可以交bail？是谁决定bail的数量？
: 3，什么时候会开庭审判？
: 4，如果被告说有精神病，那么谁负责找精神病医生来鉴定？
: 或者哪里有网站可以查到？
: 谢谢！
| l*******l
发帖数: 14 | 8
"(4) Insanity is an affirmative defense (check law dictionary for its meaning)
.
All jurisdictions requires defendants to notify prosecution before trail
about affirmative defenses. Normally, prosecution must prove guilt "beyond a
reasonable doubt"--e.g., you committed the murder. But when a defendant
advances affirmative defense, the burden of proof shifts to the defendant that
there is enough evidence for the court to allow introduction of the
affirmative defense. When the defendant satisfies
【在 l****o 的大作中提到】
: 寄信人: choi (choi)
: 标 题: Re: 问个美国警察和法庭程序的问题
: 发信站: 未名空间 (Mon Oct 10 09:36:05 2005)
: 来 源: 128.197.
: Not a member, I can't post in this board, not a member. So I write directly.
: If you want to share with your fellow member, you are authorized to re-post
: this correspondence.
: I am originally from Taiwan. Not a lawyer, but I am familiar with courts (
: federal and state; criminal and civil) in US.
: Criminal laws in US mostly are more or less the same in US, to the extent US
|
|
