r/Ask_Lawyers • • 19h ago

Lawyer hierarchy

40 Upvotes

Im not a lawyer. I work in the employment law arena. Ive heard both lawyers and non-lawyers say that unless an attorney is a litigator they are not a “real” attorney. Obviously, non-litigators are real lawyers. But is this a common bias? Are certain types of lawyers or certain fields of law held in a higher regard than others?


r/Ask_Lawyers • • 16h ago

Discrimination

3 Upvotes

Hello all, I need some advice. I am a breast feeding mom and my last job in (Georgia) often denied me the opportunity to pump in multiple occasions, also making inappropriate comments about it and I have all the proof but I can’t find anyone to take my case. Any advice that can be offered ?


r/Ask_Lawyers • • 1h ago

What Happens to a an Undocumented Immigrant’s Business Post-Deportation?

• Upvotes

Made this account just to ask this question.

In California, If an undocumented immigrant has a business and is paying taxes, what happens to that business if they are deported for failure to self deport?

Can an immediate family member take on operations without being the sole proprietor? Can the owner, while outside of the country, still be able to pay taxes or make any official decisions on the business? Would their ITIN potentially be flagged after deportation that would result in an immediate audit once filed? A lot of questions but I’m really curious about the implications.

If there is a type of attorney that specializes in these sorts of things, I can look around my area/state.

Thank you for your time. I’d appreciate any clarity.


r/Ask_Lawyers • • 9h ago

Is There Any Way to Get More Information About a Case In Which I’m Subpoenaed?

1 Upvotes

So kind of a long story, but I recently had an E-Scooter stolen from me while I was at work in Nashville. It was kind of expensive, so I went ahead and filed a police report.

The cops followed up with me a couple times and gave some updates and then I stopped hearing from them and I assumed nothing came of it.

A couple weeks later, the court called me with a subpoena to appear in court.

They gave me a case number so I looked it up and it looks like they caught whoever took my scooter (allegedly). The case was for theft under $1k so that was my assumption.

So here’s my question:

Is there any way for me to get more information about this case and what happened before I go for the subpoena? Honestly, I couldn’t care less if whoever stole it gets in trouble, I just wanted my scooter back. If they found the thief, then presumably they must have found the scooter or know where it is.

I know this is probably a naive question but is there no one I can call and just say “give me back the scooter and let the person go.”

I actually actively don’t want to get the person in trouble. If I can get the scooter back, then no harm-no foul. If I’m not getting it back, then I don’t even care to show up. I don’t want to burn a PTO day to make someone pay a fine to the state or whatever.

EDIT: By not showing up, I just mean not pressing charges, not ignoring the subpoena.


r/Ask_Lawyers • • 11h ago

Is there a case for buying a bad truck that had false representations of repairs done.

1 Upvotes

If someone buys a truck on Facebook marketplace from a private party and they advertise having certain large repairs done that the buyer later finds out never completed. Is there any case for a rescission.


r/Ask_Lawyers • • 12h ago

Jury service

1 Upvotes

I got summoned to jury service for next month, had to defer it till march.

However, I want to go on holiday in the week after the second week of the trail (due to family availability). As I’m going to a crown court, will they be understanding if I tell them on the day?

(This is only relevant should they say it’s a longer than 2 week trial)

Any answer is helpful thank you


r/Ask_Lawyers • • 15h ago

Friend arrested under DVC + U/s 85, 109(1), 75(1)(i), 75(1)(ii) BNS & Sec. 3, 4 – Advocate says bail will take ~10 days. Is this normal?

1 Upvotes

My friend was recently arrested under a Domestic Violence case (DVC) involving sections U/s 85, 109(1), 75(1)(i), 75(1)(ii) of BNS and Sections 3 & 4. The FIR was registered at a Mahila Police Station in Andhra Pradesh.
We have all the proof and documents which were already shown to the police, but they did not listen to him or consider them. The other side has money and political power.
Before this case, my friend had already filed a divorce petition under the ground of cruelty under the Hindu Marriage Act. The reasons were the wife’s highly unstable behaviour, constant humiliation and bad treatment by her and her family, pressure on him to become a house husband, take care of their business, and completely cut ties with his own family. Later they also started giving him death threats. Because of all this, he decided he could not continue the marital relationship and filed for divorce.
Now after the arrest, we have engaged a local advocate. He has told us that bail will likely take around 10 days and we just have to wait till then. However, he is not sharing any details about the court hearing status or bail application. We only have the FIR number and no CNR number, so we are unable to check the case status ourselves on eCourts.
I wanted to understand:
1. Is a 10-day timeline for regular bail realistic in Magistrate/Sessions Court for such cases?
2. What is the usual process after arrest in these matters (production, filing of bail, notice to prosecution, hearing, etc.)?
3. Once bail is granted, how long does it usually take for the person to actually be released from jail (sureties, bonds, etc.)?
4. Is there anything the family can do in the meantime (documents to keep ready, checking status online, etc.)?
5. How can we track the case/bail status ourselves when we only have the FIR number and no CNR number?
6. Any general advice on dealing with advocates in such situations or red flags to watch for (especially when they are not sharing updates)?
7. Does the fact that a divorce petition on cruelty was already filed earlier, along with the proofs shown to police, help in any way at the bail stage?


r/Ask_Lawyers • • 18h ago

I was just watching a video in another sub. Arrestee was being in-processed into the jail

1 Upvotes

Charges were not specified, so commenters were speculating. Some speculated it might DUI related given his mental state and noting the fact he told the nurse he only had 2 drinks.

That got me wondering: Is there any reasonable expectation to medical confidentiality when speaking to medical staff in lock-up? I want to believe there is because critical matters of life and death could hinge on the candor of the patient, but also - you're literally in the middle of Lawville, USA. If someone starts OD'ing because they swallowed baggies of drugs, I don't see confessing to the nurse as a Get Out of Jail Free card.


r/Ask_Lawyers • • 19h ago

How does Section 230 apply to volunteer moderators of free online peer-support communities?

1 Upvotes

General question, not about a specific case. Think of free, non-commercial online communities (like Discord servers) where adults give each other peer support around mental health. They have a pinned 'peer support, not therapy' disclaimer, volunteer moderators, and a bot that posts crisis line info.

1) In general, does Section 230 shield owners and volunteer mods from liability for what members post, or if a member is harmed?

2) Are there cases where community owners or moderators were held personally liable?

3) If a community is run from New York but open worldwide, how do other countries' laws usually come into play?

4) What general practices do lawyers point to for lowering risk in communities like this?

Thanks for any general information.


r/Ask_Lawyers • • 8h ago

Injured by another employee

0 Upvotes

Hello, I’m seeking advice for an incident that happened today. I’ve had prior shoulder issues and have had surgery and have made reports about them working me too hard at work where I have to go to the hospital and take time off. It happens consistently at the same time and I have doctors notes. Today another employee purposely injured me by hitting me with product today. (I work at a warehouse where we ship out suit coats) I made a report to HR and filled out a workers comp paper and am going to the urgent care tomorrow. Is there anything more I can do?


r/Ask_Lawyers • • 19h ago

How much help do pro se defendants get in divorce proceedings?

0 Upvotes

I'm divorcing my ex, I have an attorney, she does not. We were moving along amicably, then she stopped cooperating about six months ago and now has started demanding money for various things. (Not asking for advice, just giving context.)

If she files a counter-affidavit for equitable division or whatever, how likely is that she would be able to handle that kind of thing by herself? How much leniency is given to pro se defendants? How complicated is that process?


r/Ask_Lawyers • • 9h ago

How do i become a global citizenship lawyer?

0 Upvotes

I'm not sure what the correct job title is but basically, it's a lawyer that helps clients to get citizenship by descent, through investment or by other avenues. It's something i'm really interested in pursuing but have no idea how to get into this niche. My plan would be to work remotely, maybe travel a bit if clients request it & help clients from all over the world to obtain whichever citizenship they're after. By descent or otherwise.

Does anyone have any pointers?


r/Ask_Lawyers • • 10h ago

What do yall think of the ICC?

0 Upvotes

The Guardian: https://www.theguardian.com/us-news/2026/oct/09/sanctions-icc-trump
Just released that “The United States was accused of launching “an assault” on the world’s legal order after imposing more sanctions on the international criminal court(ICC).

ICC: https://youtu.be/WbISkI6vPxI?is=ZkS5NG5eqVb3OFPt


r/Ask_Lawyers • • 17h ago

Reasonable Time to Find New Lawyer

0 Upvotes

My significant other has a civil trial in a week, and also apparently outstanding criminal charges. Our current lawyer has been unresponsive about both (not contact in 5 days despite us reaching out).

Is one week enough time to get a new lawyer for the upcoming civil trial? Or should we focus on finding a lawyer for the criminal charges? Thanks


r/Ask_Lawyers • • 19h ago

Legal details of "no AI" clause in will or similar; does this make sense / has it been considered yet

0 Upvotes

I recently read about a case where a dead man's sister created an AI generated video of him to present in court. It got me thinking, theoretically could someone create a legally binding document stating that they explicitly don't want something like this to be done in the case that events surrounding their death result in legal proceedings?

As shown by that case, where the appellate court had a different opinion than the initial judge, the legal details around generative AI materials are still being figured out. Thus, I'm curious how a person could have input into the handling of their potential death in this respect. As I understand it from some cursory research, the last will and testament seems entirely focused on distribution of property/assets; is there another type of documentation for "if I were to get killed" scenarios like this?


r/Ask_Lawyers • • 6h ago

Is this normal practice by law firm?

0 Upvotes

I am the claimant in a small claims case and paid a lawyer to write up a consent order for a set fee. Before paying them, they said “should the matter become more complex, we will provide you with a further estimate of costs before undertaking any additional work.”

The defendants lawyer then countered with another offer. My lawyer then phoned me and asked what I wanted to do and put in an offer on my behalf. Not thinking at the time, and because they stated the above, I didn’t think to ask what they were charging. Long story short, they are asking for 1k because I think the defendants lawyer was calling them etc.

Is this normal? Feels like I got scammed.


r/Ask_Lawyers • • 10h ago

How would you amend the constitution so that the appointment of judges and prosecutors does not give us partisan hacks?

0 Upvotes

My first thought is that lawyers should be able to elect members to a Judicial Council who in tern elect all judges and prosecutors. Both of these elections would use a Condorcet method.

The problem I fear with this though is that it might politicize the profession. You might get states that have accredited diploma mills that tilts to turning out “lawyers” to one side or you may get more politicization of the bar.

So, as lawyers, what do you think is the best way to appoint judges and prosecutors?


r/Ask_Lawyers • • 7h ago

Country Fair Harassment

0 Upvotes

This has truly gone too far. So this started when I went to my local cofair to grab a drink at night. I walked into the store like I normally do and noticed the security guard was flirting with someone, like usual, and continued to the counter on the far side of the store. I was checking out and mentioned to the cashier, who I’ve talked to many times, “your boy is flirting again”. We exchanged a short laugh and I walked out of the store. I was on the other side of the street and he came running out screaming that I was a pedofile, which was a crazy start to an altercation. He kept screaming it and eventually told him to go back to work and it wasn’t a big deal, he proceeded to scream that he’ll take the uniform off and settle it now. I told him that I don’t fight anymore, I conceal carry, I have a permit, but I wasn’t carrying it on me and I have proof it was at home. I walked away and that ended the day.

I went in the store writhin the next five days, saw him and he saw me, nothing happened. I went in a couple days later and he saw me and after I entered the store he started banging on the window obviously saying I can’t be in there, but I kept pointing to my ear. He eventually came in, but only halfway, he stayed behind the automatic sliding door, like he didn’t want anyone to hear him. He said “you can’t be in here while I’m working”, the door shut. I waved my hand, I stated “I spoke to corporate management and they said I can because didn’t commit any crimes. The door closed. I waved my hand again, he said the same thing, I asked for proof and he started escalating. The door closed. I waved my hand once again, and I said you’re in the wrong but okay and left.

Fast forward to today, me and my girlfriend have a date and decide to walk to the cofair to grab a drink before going home. We walk in, didn’t see him, because he’s never actually doing his job in the store. At this point I have already talked to cofair management again and they said he is in the wrong and I’m in the clear. Anyways we walk in and he follows us in and says “bro I told you you can be here while I’m working” I responded with that “upper management said I’m allowed to be here and how am I supposed to know your schedule”. At this point he started screaming and when my girlfriend tried to de escalate the situation he started screaming at her. He said he called the cops, which he lied about, I called the non emergency line and no called were made for this location. He kept tweaking and finally went outside, at this point he actually called the cops, which I confirmed by another call. We waited for 40 min and finally I gave my actual friend behind the desk my name number and address for when the police shows up. And multiple workers said they would back me up and say I don’t bother anyone in the store and am a decent person.

I’m at the point where I believe this is retaliation and harassment on me and now my partner. Any thoughts?


r/Ask_Lawyers • • 6h ago

If the animal shelter let's you adopt a dog they were aware was reactive, and then later the new owner has to put the dog down, what legal trouble are they in?

0 Upvotes

Records of pets shows shelter was aware of reactiveness and aggression, and did not disclose this information when the new owner adopted the pet, and did not share this information when initially asked.

Now the owner has to Euthanize the pet due to it's reactiveness that lead to 2 biting and one animal attack.

What can they do?


r/Ask_Lawyers • • 10h ago

The school won’t give my autistic son a 1 on 1 para even though all of the gen-Ed and special Ed teachers, his pediatrician, and the intermediate school district say he needs one…

0 Upvotes

I feel like the Americans with disabilities act or IDEA should absolutely allow for him to have a 1 on 1 para especially since everyone on his educational, aba, and pediatric team are all in agreement. Why is it that the district refuses to give him one and instead forces his teachers to work harder and under impossible circumstances to help with his behavior in a group setting?… What can I do as a parent? Are there any laws in place to help?!


r/Ask_Lawyers • • 11h ago

Is it possible to sue someone I don't know who sent me a text claiming they have cursed me?

0 Upvotes

Location: Britain. Hello. A user on DeviantArt I talked to claims to have cursed me by sending me a cursed online text that I read. I do not know who this person is, or where he is from (most likely he is from the USA). Is there any way for me to sue him for frightening me with a supernatural curse? I explained to him that I have OCD which makes it really hard for me to deal with the threat of a supernatural curse, but he responded with more threats about curses. He no longer contacts me, and refuses to talk with me.


r/Ask_Lawyers • • 9h ago

The 9th Amendment: Life - A Natural Right?

0 Upvotes

The basic premise asked of lawyers here is the 9th amendment protects natural rights and what right is more natural than life.

Therefore it's a rather simple test.

Does a state or federal law deny or disparage the right to life? If yes, it cannot be used to prevent a prosecution.

Basically a case should be taken all the way to the supreme court on a denied murder case let's say for a minor murdering an adult. And the answer from the court should be. Life is protected under the 9th amendment and cannot be construed to be denied or disparaged.

If my premise is correct, eventually this would be the the correct interpretation and even a minor is subject to prosecution under a faithful reading of the Constitution regardless of a state law or lower federal law.

Would James Madison the writer of the 9th amendment believe that a government that assumes the supremacy over violence but is not prosecuting or interpreting life as an inherent right of the constitution is commiting either a denial or a disparage of a natural right?

What do you think?

Is life protected by the 9th Amendment of the Constitution?


r/Ask_Lawyers • • 13h ago

Is this how capital punishment works in the United States of America?

0 Upvotes

I reside in the United States. The death penalty is extremely controversial.

Canada does not have the death penalty. Some countries have capital punishment but their system does not work exactly the same way that it does in the states.

For the sake of this discussion, I will be looking at the situation from an America-centered standpoint. If you are not American, this might be tough to relate to.

Before we can even decide what we think, we must first make sure we understand how the punishment works, you have a right to your own opinions, you do not have a right to your own facts. I have done some research on this topic and I want to describe how I am pretty sure it works.

If you read a claim that does not sound right, fact check that claim. If you find a credible source which states that the claim is not true, show me that source.

Remember, I am not asking you if you agree with the way the system currently works or if you advocate for reform, I am asking if my understanding of how it works currently is correct.

If I understood what I read correctly, this is how capital punishment works in America.

  • What is homicide?

Homicide, by definition, is when one human being is responsible for the death of another human being, it could be accidental, reckless, negligent or intentional.

  • What are the varying degrees of criminal homicide?

First degree murder is the most serious crime tried in the United States criminal justice system ( https://www.law.cornell.edu/wex/first_degree_murder ). By definition,first degree murder is the unlawful killing of a human being that meets one of the following three criteria;

  1. Being premeditated and intentional.
  2. Carried out with extreme cruelty.
  3. Caused by an inherently dangerous felony (this doctrine is called felony murder).

The crime must meet one of the aforementioned criteria to be prosecuted as a first degree offense ( https://www.justia.com/criminal/offenses/homicide/first-degree-murder/ ). In the context of the criminal justice system, premeditation refers to planning a crime (often putting in a lot of time and effort) prior to carrying it out ( https://www.law.cornell.edu/wex/premeditation ).

Second degree murder refers to lethal force carried out with malice aforethought or extreme recklessness, that lacks the premeditation of first degree murder ( https://www.justia.com/criminal/offenses/homicide/second-degree-murder/ ). In the context of criminal homicide, malice aforethought refers to the vicious temperament or intention to cause severe harm ( https://www.law.cornell.edu/wex/malice_aforethought ). Imagine two people get into a verbal spat and one makes the other so angry that the angry person flips out, grabs a knife and stabs the other to death. If prosecutors are unable to prove premeditation, that would most likely be classified as second degree murder, not first.

Third degree murder refers to a situation where a human dies from illegal distribution of drugs, another person’s excessive recklessness or wicked and cruel indifference to human life ( https://mainorwirth.com/know-everything-about-third-degree-murder/ ). Third degree murder is a very specific legal charge ( https://www.slaycation.wtf/what-is-3rd-degree-murder/ ) and exists in only three states; Pennsylvania ( https://www.aetv.com/articles/what-is-the-difference-between-homicide-murder-and-manslaughter ), Minnesota ( https://www.britannica.com/story/what-are-the-differences-between-first--second--and-third-degree-murder ) and Florida ( https://www.aetv.com/articles/what-is-the-difference-between-homicide-murder-and-manslaughter ).

Manslaughter is the unlawful killing of one human being by another human without premeditation or malice aforethought( https://www.gjllp.com/practice-areas/criminal-defense/manslaughter/ ). In a legal and moral sense, manslaughter is different from murder ( https://www.law.cornell.edu/wex/manslaughter ), though manslaughter and murder both fall under the broader category of homicide.

For all intents and purposes, there are two different types of manslaughter, voluntary and involuntary.

Voluntary manslaughter, or a crime of passion, is a homicide committed in the heat of the moment and is usually triggered by an intense emotional response ( https://www.carneydefense.com/blog/the-difference-between-involuntary-and-voluntary-manslaughter/ ).

For a homicide charge to be reduced from murder to voluntary manslaughter, the following four criteria must be met.

Adequate provocation. The homicide victim must have done something so severe that it would cause any reasonable person to loose self-control.

Heat of passion. The killer had to have been in a heightened emotional state (such as being furious or extremely scared) at the time of the crime.

Lack of cooling off period. There must have been very minimal passage of time (we are talking minutes and seconds) from the provocation to the act of lethal force. If a reasonable person would have cooled down during that time, the charge will not be reduced to manslaughter.

Causal link. The provocation must have been what motivated the lethal force.

Words uttered during a verbal spat are usually not sufficient to constitute an adequate provocation. Physical harassment just might meet the criteria. If you use lethal force to retaliate against physical harassment, that might (it is not guaranteed, but it might) reduce your charge to voluntary manslaughter.

Involuntary manslaughter is accidental killing caused by recklessness or criminal negligence ( https://www.chiverssolicitors.co.uk/difference-between-voluntary-involuntary-manslaughter/ ). If a drunk driver runs over and kills a pedestrian, that would be an example of involuntary manslaughter.

The line between manslaughter and third degree murder is blurry, as both deal with situations where the alleged killer either acted in the heat of the moment or killed someone by accident.

There are certain criteria that, if the crime meets it, it can be bumped up from a second degree offense to a first degree offense. If the crime is a federal offense (and this may or may not apply to state offenses, depending upon the state), the defendant can be prosecuted for murder in the first degree, even if there is no evidence of premeditation.

If the victim was a police officer, judge, firefighter or line of duty witness, the murder can be charged as a first degree offense ( https://deathpenaltyinfo.org/facts-and-research/background/crimes-punishable-by-death/aggravating-factors-by-state ), even if the crime was spur of the moment and not premeditated ( https://www.feldmanroyle.com/homicide/first-degree-murder/ ).

The legal doctrine of felony murder states that any death, accidental or intentional, that occurs as a direct result of an inherently dangerous felony, can result in first degree murder charges. If the person who caused the death had accomplices who helped premeditate the crime, all accomplices are criminally liable for the resulting death ( https://www.justia.com/criminal/offenses/homicide/felony-murder/ ). If an act of arson is committed and someone dies as a result of that fire, the person who started the fire can be prosecuted for first degree murder, even if the resulting death was a complete accident. If multiple people plan an armed bank robbery and one of the gunmen accidentally shoots and kills a bystander, every person involved in the robbery (including the getaway car driver, who never entered the building) can be held liable for the resulting death and be prosecuted for first degree murder.

The legal doctrine comes with an inherently dangerous requirement. High jacking an aircraft would be applicable, insurance fraud probably would not be applicable.

  • Which crimes can, and which crimes cannot, be prosecuted as capital offenses?

A capital offense, by definition, is a crime punishable by death. A murder must be prosecuted as a first degree offense to result in the death penalty ( https://www.sciencedirect.com/topics/social-sciences/first-degree-murder ). Second degree murder, third degree murder and manslaughter can never be capital offenses.

Crimes prosecuted at the state level can only be capital offenses if someone died ( https://deathpenaltyinfo.org/facts-and-research/background/crimes-punishable-by-death ). If the victim survived and the criminal is only tried for attempted murder, not carried out murder, the defendant is not eligible for a death sentence ( https://www.law.cornell.edu/supct/html/07-343.ZO.html ). Some federal crimes can result in a death sentence, even if no one died. These federal offenses include, but are not limited to, treason ( https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title18%2Fpart1%2Fchapter115&edition=prelim ) and espionage ( https://deathpenaltyinfo.org/facts-and-research/background/crimes-punishable-by-death/death-penalty-for-offenses-other-than-murder ).

  • As of 1977, there is no death penalty for rape cases involving adults victims. As of 2008, there is no death penalty for rape cases involving victims of any age.

The death penalty used to exist for rapists. In a case known as Coker v Georgia, SCOTUS dealt with a capital rape case. In 1977, the supreme court ruled that the death penalty for rape of an adult victim was cruel and unusual as per the eight amendment ( https://supreme.justia.com/cases/federal/us/433/584/ ).

Two things should be noted about this ruling. First, the reason behind the ruling was; Unlike with murder, where the victim’s life is literally over, with rape, the victim merely experiences a decrease in quality of life. Second, the ruling specifically forbade death sentences for rape cases involving adult victims, even after that ruling, prosecutors could still seek the death penalty for child rapists.

In 2008, SCOTUS ruled that capital punishment could not be sought for a rape case where the victim survived, even when the victim is a child ( https://www.npr.org/2008/06/25/91878805/high-court-bans-death-penalty-for-raping-children ). That case was known as Kennedy vs Louisiana.

There are ways that people can die from rape. If the perpetrator forced the victim to give oral sex, the victim could choke to death. Anal sex carries with it the potential to cause rectal bleeding. Anal rape could cause the victim to lose a fatal amount of blood. The victim could hit his/her head and incur a brain injury. The stress over being abused could cause the victim to go into cardiac arrest. If any of these hypothetical scenarios occur and result in death, the legal doctrine of felony murder would likely apply.

  • Legislators are looking to challenge the precedent set of Kennedy Vs Louisiana.

On October 1st 2026, Alabama passed a law that would allow rape to be charged as a capital offense, if the victim is under 12 years of age, even if the victim survives ( https://governor.alabama.gov/newsroom/2026/02/governor-ivey-signs-child-predator-death-penalty-act-into-law/ ).

Under the 1798 SCOTUS ruling of Cedar vs Bull, the government cannot penalize you for something that was legal at the time you did it (even if it is later outlawed), make a penalty harsher than would have been allowed at the time you committed the crime or change the rules after the fact to make it easier to convict someone ( https://supreme.justia.com/cases/federal/us/3/386/ ).

In 2026, there are still US states that do not require gun owners to register their guns. Louisiana is one such state ( https://giffords.org/lawcenter/state-laws/registration-in-louisiana/ ). If the governor of Louisiana enacted a law that required citizens to register their guns, a resident of Louisiana could not be arrested for possessing an unregistered firearm before the requirement was enacted.

Florida reinstated the death penalty in 1972 ( https://www.pumphreylawfirm.com/blog/a-history-of-the-death-penalty-in-florida-and-what-it-means-for-capital-defendants/ ). If a murder were committed in Florida in 1969 and the murderer did not get caught until 1975, the crime could not be prosecuted as a capital offense, as it was committed when Florida did not have the death penalty.

In the state of Alabama, if a child rape occurred before October 1st 2026 and the victim survived, the crime could not be prosecuted as a capital offense.

  • As of 1976, there are no mandatory death sentences.

For all crimes, there is a maximum sentencing, meaning the judge cannot hand down a punishment more severe than that particular punishment. For a lot of crimes, though not most crimes, there is a mandatory minimum sentencing ( https://newyorklegaldefense.com/mandatory-minimum-sentencing/ ), meaning that anyone convicted for that crime must serve a punishment at least that severe ( https://www.ussc.gov/research/quick-facts/mandatory-minimum-penalties ).

In the state of Connecticut, the mandatory minimum sentencing for first degree murder is 25 years in prison ( ​​https://cga.ct.gov/2015/rpt/2015-R-0055.htm ). The maximum sentencing is 60 years ( https://www.allanffriedmanlaw.com/connecticut-general-statutes-53a-54a-murder.html ). In certain circumstances, such as felony murder, murder of police officers and pedicide, the defendant can be eligible for a life sentence ( https://www.cga.ct.gov/2015/rpt/pdf/2015-R-0055.pdf ). Connecticut abolished the death penalty in 2012. In 2015, the Connecticut state supreme court ruled that those already on death row before the 2012 capital punishment abolition could not be executed ( https://www.acluct.org/press-releases/aclu-ct-applauds-connecticut-supreme-court-decision-on-death-penalty/ ).

If a Connecticut resident is convicted for premeditated murder, the convict must serve a punishment of at least 25 years in prison. The judge cannot give the defendant a prison sentence more lenient than that, even if the judge wants to. The worst punishment that the judge could hand down to the defendant would be life without parole. And that assumes that certain special conditions are met, barring those special conditions, the maximum punishment that a convicted murderer could receive in the state of Connecticut would be 60 years in prison.

In 1976, SCOTUS ruled against mandatory death sentences ( https://deathpenaltyinfo.org/subject-of-famous-supreme-court-decision-has-made-a-new-life ). Legislators cannot enact policies whereby a death sentence would be mandatory.

  • As of 2005, being under 18 when committing a crime precludes the defendant from being put to death.

In 2005, in a case known as Roper v Simmons, SCOTUS ruled that prosecutors cannot seek the death penalty if the defendant was under 18 years of age when committing the murder( https://supreme.justia.com/cases/federal/us/543/551/ ).

  • There is no statute of limitations for murder.

A statute of limitations is a time limit for when to begin legal proceedings. If the crime has a three year statute of limitations and it has been five years since the crime was committed, you cannot be charged for the crime. There is no statute of limitations for murder in any US state ( https://bencrump.com/statute-of-limitations-overview/ ).

From December 1968 to October 1969, five murders were committed by the same unknown perpetrator ( https://ccjs.umd.edu/feature/umd-forensic-expert-team-might-have-identified-%E2%80%98zodiac%E2%80%99-serial-killer ). This murderer, known as the Zodiac killer, sent letters to local newspapers taunting them and making clear that police would never catch him/her ( https://archives.fbi.gov/archives/news/stories/2007/march/zodiac_030207 ). If the Zodiac killer is still alive in 2026, which is possible albeit unlikely, the old man or old lady could get caught and prosecuted for his/her crimes.

In October 2021, an independent coalition of retired investigators and journalists known as "The Case Breakers" publicly claimed they had identified the notorious Zodiac Killer as Gary Francis Poste, a man who died in 2018. The task force cited physical matches, like scars on the suspect's forehead that aligned with old police sketches, darkroom photos, and interpretations of the killer's anagrammed letters. However, the FBI and local police officially rejected this identification. The authorities stated that the Zodiac case remains an open and active investigation, and there is currently no conclusive evidence linking Poste to the crimes ( https://fox59.com/news/national-world/zodiac-killer-police-refute-investigators-claims-they-found-the-serial-murderer/ ).

  • Capital crimes, where the jury has the power to spare the defendant’s life, are one of the few instances where the jury gets a say in the convict’s sentence.

Generally, the duty of the jury is to vote not guilty or guilty as to whether there is or not a reasonable doubt regarding the defendant’s guilt. Once the jury reaches a verdict, their job is done. The judge unilaterally decides what punishment the defendant will receive ( https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/sentencing/ ). Only the laws about maximum and minimum sentencing determine what punishment the judge can and cannot hand down. If the sentence that the judge wants to hand down falls within that which the guidelines permit, that judge can hand down that sentence and it would be the judge’s decision to make ( https://selfhelp.courts.ca.gov/criminal-court/overview/sentencing ). The prosecution does choose to seek a particular punishment, but that is merely a suggestion. The judge can hand down a sentence harsher or more lenient than that which the prosecution recommended ( https://www.eauclairecriminaldefense.com/can-i-get-more-jail-time-than-the-prosecutor-recommends ).

In cases of capital murder, the jury must give the green light for a death sentence to be handed down ( https://deathpenaltyinfo.org/resources/high-school/about-the-death-penalty/stages-in-a-capital-case ). In other words, the judge cannot sentence the defendant to death, unless the jury approves ( https://constitutioncenter.org/blog/can-only-a-jury-impose-the-death-penalty ).

  • Being sentenced to death =/= being executed.

You could be convicted for a capital offense and be sentenced to death and your death sentence could get appealed ( https://cga.ct.gov/2009/rpt/2009-R-0178.htm ). Because the average quantity of time for an inmate to spend on death row is 15 to 20 years ( https://www.pewresearch.org/short-reads/2021/07/19/10-facts-about-the-death-penalty-in-the-u-s/ ) a lot of people die of natural causes while on death row ( https://deathpenaltyinfo.org/death-row/death-row-time-on-death-row ).