Are hypothetical situations allowed in court?

What does the Supreme Court Cannot do?

Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court's task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied.

What is the Supreme Court rule on insanity?

The U.S. Supreme Court found that the lack of an insanity defense involving some modicum of rationality does not offend fundamental fairness. According to Kahler, a person could be adjudicated guilty of a criminal act committed despite an extremely pathological thought process the person could not control.

What evidence is not allowed in court?

If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.

What are the four types of objections in court?

Can you refuse to answer a judge's question?

Privilege Against Self-Incrimination

Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.

What is considered a hypothetical question?

What are hypothetical questions? A hypothetical question is one based on supposition, not facts. They are typically used to elicit opinions and beliefs about imagined situations or conditions that don't exist.

What is an objection to a hypothetical question?

Another ground for sustaining an objection to a hypothetical ques- tion occurs when a material fact is omitted from the question asked of an expert witness. In Chapman v. Industrial Commission5 the decedent died of tuberculosis.

Can you ask for a lawyer during questioning?

If the police are questioning you about a crime—whether you're a witness, a suspect, or a person of interest—you have the right to remain silent and to have a lawyer with you during questioning. Exercising this right can be the key to avoiding legal pitfalls that are hard to undo.

Are hypotheticals valid?

In the context of a debate, a hypothetical question is not a logical argument. That is, it does not have premises and a conclusion which follows from those premises. So if you want the question to carry logical validity, it must be embedded in a broader argument.

Are thoughts admissible in court?

They can't. No one can read your mind. If you wrote down or spoke your thoughts to someone, and were then accused of a crime that resembled those thoughts, that might be used as a mark against you in court. Even then, there's a good chance a judge would rule that inadmissible.

Can you say whatever you want in court?

You have the right to remain silent. Anything you say may be held against you in a court of law.

What to say when you don't want to answer a question in court?

If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.

Do lawyers shout objections?

Typically, when an attorney makes an objection, he is required to say only a few words to let the judge know what is the legal basis for the objection. For example, an attorney might yell out “Objection, hearsay.” Or he might say “Objection, he's leading the witness.”

What is the hearsay rule?

California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.

Can a judge refuse to look at evidence?

Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.

What cannot be used as evidence in court?

Inadmissible evidence is evidence that lawyers can't present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case.

What is enough evidence to go to trial?

Beyond a reasonable doubt.

For a prosecutor to satisfy this burden, they are required to bring evidence to court that is so convincing of guilt that the jurors could have no questions in their minds regarding whether the defendant committed the crime.

What is the McNaughton rule?

The M'Naghten rule requires that, should a person who commits a crime be unable to recognize that the crime is morally or legally wrong due to mental disease or mental defect, they should be found not guilty by reason of insanity.

How to prove mental illness in court?

To do this, you must see a licensed psychiatrist or mental health expert to conduct tests and evaluations. Their findings will be presented in court along with all of your medical records. Any documents that show you have undergone treatment like therapy or medications for a mental illness will help your case.

What is the irresistible impulse rule?

Under this test, a defendant may be found not guilty by reason of insanity if they demonstrate that they suffered from a mental disease or defect that made it impossible for them to resist an impulse to commit a crime .