Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
69 views

In Breaking Bad, how strong would Hank Schrader's case be if he had lived and Walter White had gone to jail?

Yes, Hank has definitely put together that Walt had been manufacturing methamphetamine and committed several other crimes to protect himself, and he'd fight tooth and nail for a conviction. However, ...
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14 views

Can everyone who participated in the Capitol riot be charged with murder? [duplicate]

Doesn't US law stipulate that anyone participating in a crime is equally guilty for the crimes committed during the commission of that crime? That is to say, since there were multiple deaths as a ...
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34 views

If I can defend myself without passing the bar exam, why can't I hire someone who has not passed the bar exam? [duplicate]

I can waive my right to an attorney and defend myself in a court of law even if I have absolutely zero experience. Why then, can I not hire someone who does not have a license to practice law? As ...
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0answers
69 views

Can I get in trouble for running video downloader website [closed]

I had been running an Instagram video downloader website. It also downloads full profile pictures and stories. But then I received an email from Facebook through Perkins Coie to inform me that it's ...
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3answers
3k views

Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?

Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...
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4answers
434 views

What are the legal violations and criminal penalties likely to be for the protesters that entered the Capitol on January 6, 2021?

I'm curious to know what sort of legal ramifications there can or will be for the Trump supporters who entered the Capitol building on January 6, 2021. I've seen it being called an "assault"...
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2answers
3k views

Can a law enforcement officer temporarily 'grant' his authority to another?

The emergency services dispatch of Small-town, USA receives a call from a citizen near city limits. The citizen placed the call after he drove past a roadkill deer off to the side of the road. It is ...
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1answer
2k views

Bright-line or Litmus Test for Sedition?

The media is crediting Donald Trump, Giuliani and Trump's son with inciting the protesters to march from the Ellipse to and breach the Capitol building on 6 January 2021, interrupting the electoral ...
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Definition of rebellion and insurrection in US federal law

18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall ...
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4answers
8k views

Can you legally move a dead body to preserve it as evidence?

A fisherman is heading upstream in his boat, and sees a human corpse float past. Obviously even if it wasn't murder, it still warrants a 911 call because it was a death. The river however, is steadily ...
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1answer
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“Trump privately admitting it's over” — can he be therefore be prosecuted for Raffensperger call?

Not a lawyer, but if this reporting is correct, wouldn't it greatly increase Trump's legal exposure for the call with Brad Raffensperger about "finding 11,780 votes" this past Saturday, ...
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3answers
153 views

Why must victims of 'sex-for-rent' arrangements be legally defined as prostitutes to seek justice?

This Morning Star article describes attempts by Labour politicians to make it easier to prosecute 'sex-for-rent' arrangements, where landlords "demand sex from tenants in lieu of rent". The ...
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1answer
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If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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10-day Demand Letters in Texas

Some Texas districts/counties publish a 10-day demand letter that can be used when trying to retrieve property from a person, such as Cleburne, Dallas and Houston. Some of these letters reference ...
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2answers
89 views

Legality of This Hypothetical Situation (Lost/Misplaced/Abandoned Property)

I along with a few other people are curious as to the legality of scenarios logically similar to the hypothetical described below: Assume someone places their wallet on the ground in a public place, ...
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1answer
146 views

Criminal? Vehicle stolen by family member

If a policeman refuses to record or investigate a crime, such as a vehicle theft by a family member where the case could be borderline criminal or civil. What can one do to give the police department ...
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1answer
41 views

Is online lottery legal in India?

Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
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1answer
53 views

In the 1810 French penal code, were “stocks” a more heavy punishment than imprisonment?

In the 1810 French penal code, the prescribed sentence for some crimes is "carcan" (stocks), which is described as being put in stocks at a public place with information about one's name, ...
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2answers
200 views

Alternate recourse to assault

https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed Given the assault shown on the video (...
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2answers
58 views

Must VPN service providers whose servers are in the US, disclose a customer's IP address upon request from another country?

Is it obligatory for a VPN service provider with servers in the United States to disclose a user's personal information (such as IP address and logs) in response to a request that came from another ...
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2answers
112 views

Are there legal consequences of being banned by a web service?

If you get IP banned from a website (like reddit), while youre on your phone, do you face any legal repercussions? Does it show up on your record? Do you get banned from other websites? Do the police ...
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1answer
85 views

Can A Person Be Convicted For Impersonating A Medical Professional Through Text Messaging?

Given that there's Person A and Person B: Let's say that Person B decides to play two pranks - maybe with the intent to cause emotional distress to Person A - both instances by pretending to be in a ...
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3answers
2k views

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

Let's say I'm part of a jury in a case where I believe jury nullification may be warranted, and that my other jurors may agree with me, and so I suggest it to my fellow jurors. My jurors ask me what ...
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38 views

Could I create doubt of a crime by having multuple people suggest, but not actually claim, that they were the murderer?

Let's say hypothetically I'm a member of some gang and just killed a member of a rival gang. I've been accused of murder and taken to trail. My fellow gang members want to help me get off, but not ...
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1answer
65 views

Could you fix and carry (for self defense) antique firearms in 2010 New York?

Forgive me for basing this on a pop-culture reference. I heard this on a TV show: Abe: They (antique guns) are considered collectibles, so they don't have to be registered. Castle: Making it pretty ...
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What are the penalties of making false police report in Germany?

my GF & I have discovered recently that our flatmate had made a false police report in Germany while she visited her partner there. In her report she told the police that her bag was stolen while ...
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1answer
57 views

Liability for hyperlinking

Is there any jurisdiction which holds a website liable for policies of another website for hyperlinking to that website.Liability refers to any requirement like tracking number of link clicks or ...
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2answers
120 views

Hypothetical: If a thief gives the stolen money away [duplicate]

If a thief gives all the stolen money to their friend/family/charitable organization/etc. who has no idea that the money is stolen, and he gets caught, can the money be taken back? I know that if the ...
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2answers
132 views

What takes precedence, the law or first aid?

Earlier today a random question popped into my head, what takes precedence, law or first aid? So, my thought was brought on by the teacher going over basic first aid. If someone has heat stroke, get ...
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2answers
185 views

Lawyer knows trial is hopeless but tells client they can win

(Hypothetical) Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
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1answer
173 views

Why was he put in prison but never got a criminal record?

I watched this video about a dare devil climbing to the top of The Shard in London, before being cautioned by the police. The Shard later took out a private prosecution against him. I am confused ...
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2answers
160 views

What evidence to I need to win a case against a man who spiked my drink? [closed]

Last week I went to dinner with friends where I met a guy (a friend of a friend). After dinner he offered to come up for a drink to his place, he made me a cocktail, I had two sips then my other ...
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1answer
40 views

Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her? (This question comes up in ...
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3answers
141 views

What happens if two people claim the same (personalized) pardon?

What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual? For ...
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3answers
8k views

Is it illegal to carry someone else's ID or credit card?

I was watching a video by RealWorldPolice about a high school student who was arrested for carrying a loaded gun into his school in Seattle, WA. Footage of the entire search, detainment, and arrest of ...
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1answer
208 views

Can I surprise the prosecution with an alibi defense at trial?

Let's say I've been accused of a murder. Throughout the investigation I've plead the Fifth as to where I was when the crime happened. Eventually I'm put on trial, still pleading the fifth as to my ...
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1answer
55 views

Life insurance for security guards

From here, death rate of security guards is 1/1000 per year. Of the armed, professional guards its maybe 10x higher. An average life insurance policy is $100 per month for a 30 year old, with a about ...
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1answer
46 views

Why was it neccessary for The Hague to establish the identity of all the people murdered in the Srebrenica Massacre?

The Srebrenica massacre of Bosnian Muslims constituted one of the main charges of genocide against the Serb forces at The Hague International Criminal Court for the Former Yugoslavia. Here, the Serb ...
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53 views

Is using proxies to circumvent rate limit to scrape data legal in India?

I'm in India, and this is what the Indian Information Act of 2000/66F says on the matter: Indian Information Act 2000/66F Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, ...
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1answer
62 views

Could a prosecutor agree to allow a defendant to plead guilty to a crime they knew they had not committed, per this “Law and Order: SVU” episode?

In the 9th episode of series 15 of "Law and Order: SVU", a serial rapist offers to plead guilty to a rape which he did not commit, while refusing to plead guilty to a series of rapes which ...
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1answer
78 views

Would it be interstate fraud for a company to advertise a brand-new 1957 car?

A company advertises a brand-new 1957 car. They claim to have several in stock and will ship it right away. They know they don't have those cars and cant get them because they don't exist and never ...
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1answer
17 views

how common are federal misdemeanor charges?

According to https://www.nbclosangeles.com/news/local/hollywood-man-arrested-on-federal-charge-after-his-drone-crashed-with-an-lapd-helicopter/2466525/ a man was recently arrested on a federal ...
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62 views

Why does the monetary fine portion of a law seem so much less severe than the prison time? [duplicate]

I have over time seen many US laws where the text reads a penalty of $1000 or 1 year imprisonment. The latest one I’ve seen was on my Twitter feed: But I’ve seen many like this over the years. Is ...
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5answers
3k views

Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?

In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment". Can I be ...
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29 views

How will the “stop and identify” statute work in New Hampshire in this particular hypothetical?

I asked this question before but it was closed. So I will try to be here more specific. I have read the stop and identify statutes wikipedia page. In this page there is written that: In 12 states (...
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21 views

How does “stop and identify statutes” work in the US? [duplicate]

I was watching this video. The video is pretty long, but basically it is alleged that a guy keeps harrassing a men that is eating in a restaurant (calling him repeatedly, etc.). The man calls the ...
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1answer
161 views

How can a person sue oneself?

Either in USA California or in India (choose whichever you like) can a person sue oneself back for damages? Has anyone ever defamed themselves and then sued themselves for defamation?
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2answers
71 views

Chilling drinks in stores prior to purchasing them?

I'm sure we've mostly all noticed some "not cold" items like drinks and stuff in stores that are on display, but not readily chilled. Given that I grab it and hide/tuck it in one of the ...
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41 views

What are the difference in obfuscated contract laws between Indonesia and other Countries?

In general, people can write any contract they want. In practice, many people agree to a contract without even reading. Even those that read carefully may miss important terms if the writers of the ...
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2answers
130 views

What is the legality of Police Union “Get Out of Jail Free Cards”?

Background I recently read an article about donators and friends of police unions being given passes, which allows them to be let off of the hook for small crimes, such as traffic tickets. Questions ...

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