Questions tagged [criminal-law]

For questions about laws related to crime. Please add a location tag if the question is specific to a particular jurisdiction.

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20 views

How long is Ghislaine Maxwell's trial likely to last?

A friend wants to visit NYC and go to the trial starting 29 July. She's wants to stay a month. I reckon the likelihood that is 1) the start date will be moved back, and 2) it will run way, way longer ...
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2answers
97 views

Is advertising a product as “Chemical Free” false/misleading advertising?

Many products, often times foods or cleaning supplies use the phrase "Chemical Free" in their advertising and packaging. This is often used in products containing more naturally derived ...
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69 views

Crime in one country, criminal from another, what's the legal recourse?

Consider a hypothetical situation where a USA citizen, present in Sri Lanka either legally or illegally, commits some murders and flees back to the USA. What can be done to bring this person to trial? ...
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What measures are taken in very famous trials to ensure that the jury is not influenced by what emotions they assume to be stirred up by the verdict?

Derek Chauvin's current trial seems to be one of the most followed and most emotionally significant trials. Feelings and opinions are strong on both sides. Many consider it an open-and-shut case (some ...
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1answer
63 views

Would drug intoxication be considered a “pre-existing condition” for the thin skull rule

The Thin Skull Rule, also known as Eggshell Skull Doctrine states that the unexpected vulnerability of an injured person is not a valid defense to the seriousness of any injury caused to them. In the ...
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2answers
90 views

Aren't laws actually just logical axioms?

For example, don't kill people. If everyone killed each other then laws wouldn't exist. Same with theft or any other basic law. Or, pay taxes. Without taxes Government would collapse and law wouldn't ...
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1answer
935 views

Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the ...
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2answers
145 views

Is the prosecutor's fallacy still an issue in cases today?

I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called "Prosecutor's fallacy". Most of the ...
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1answer
106 views

Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
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1answer
46 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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5answers
13k views

Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
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2answers
637 views

Does 18 USC 1542 contain a materiality requirement?

18 USC 1542: Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United ...
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1answer
109 views

Could the “Honest Thief”-deal be legally possible?

If you're planning the watch the movie Honest Thief (2020): Spoilers ahead! The protagonist of the movie above is a thief who "robbed 12 banks in 7 [US] states" for "a little over 9 ...
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3answers
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Alternative systems without the Right to Remain Silent

As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system. Jurors are usually supposed to rule as if the defendant testified in the manner ...
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2answers
111 views

Is it legal in the UK to 3D print a firearm design if it is made impossible to fire?

In the UK firearm regulations are very strict, but I would like to learn about them like in the other countries. Is it okay to print 3D gun designs if I make sure none of the parts can shoot real ...
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1answer
414 views

Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
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5answers
237 views

Can you get into trouble for not answering questions when talking to the police? [closed]

https://www.youtube.com/watch?v=YWUx3-b0F_Y Can you get into trouble for not answering questions when talking to the police? Or is this a legit cheat code that can get you out of trouble? Which one is ...
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1answer
142 views

Can cops cut airbags out of a car before anyone gets to see it?

About three years ago, a friend of mine was involved in an accident with a fatality. Now he finds out on his last report that the police “cut” the airbags out of the car to bring them as evidence. My ...
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1answer
77 views

Can I contact this man's probation officer?

My parents and I live in Suffolk County, New York. In January 2017 my father's friend began living with us. During this time, my father's friend was arrested and convicted of animal neglect and abuse....
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1answer
39 views

Which part of the Criminal Code does not apply in the territories?

The Criminal Code of Canada provides that Application to territories 8 (1) The provisions of this Act apply throughout Canada except (a) in Yukon, in so far as they are inconsistent with the Yukon ...
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1answer
75 views

How do lawyers go about determining if a juror will be impartial with regards to recent bombshell info?

In the Derek Chauvin case, two jurors were recently dismissed because they were aware of the fact that Minneapolis paid a $27 million settlement to the family of George Floyd. How do lawyers go about ...
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1answer
103 views

Can illegally obtained evidence be used in favor of the defendant in a criminal case?

Regarding US law, my general understanding is that if evidence was obtained in an illegitimate way (e.g. under false pretenses), then it may be inadmissible as evidence to support a conviction in a ...
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4answers
8k views

Is it illegal to ask someone to commit a misdemeanor? What is this called?

In my Googling, I learned that in most states a defendant cannot be an accessory to a misdemeanor. What about someone just nagging and insisting on it?
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2answers
161 views

Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?

I don't understand the difference between these two examples, because in both cases, the goal is scientifically impossible! What does "if the means used to achieve the purpose are impossible&...
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176 views

What explains the contradictions among English accomplice and inchoate offences?

What's the intuition why some conspiracies and attempts are offences, but not others? I'll just list 2 incongruities. I. Why it's "possible to convict someone of conspiring to commit a ...
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51 views

Isn't “conspire to conspire” the same as “conspire”?

Kindly see the boldened phrase below. If you conspire to conspire, then you conspire, correct? Then how does "conspire to conspire" ultimately differ from "conspire"? An agreement ...
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59 views

If a defendant was threatened with grievous bodily harm unless he caused grievous bodily harm to another, why can't he rely on necessity?

Kindly see the embolded sentence. Why can't such a defendant rely on Necessity, but can rely on Duress of Circumstances? 2.5 Duress of Circumstances In some cases where the defendant does the lesser ...
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2answers
5k views

How is a person residing abroad subject to US law?

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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1answer
59 views

Trying a foreigner in the United States - praticalities

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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3answers
175 views

What exactly triggers the condition of “being under arrest”

The Chicago police used to (or perhaps still do) take detainees to a site at Homan Square, question them, take them a different police site and then arrest them. Or at least that's what they claim. ...
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4answers
76 views

Why is a jury trial more often used in criminal, rather than civil trails, in many countries?

This is the case in most common law countries. What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?
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138 views

Can a country put a foreign criminal on trial, without catching them?

I'm thinking about a few scenarios here. One scenario is a Pablo Escobar scenario, or a Don Eladio scenario if you're a BCS fan like myself: A drug kingpin operating outside the United States, ...
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51 views

If defendants can be charged for both the attempted and completed offences, why prefer to indict just the completed offence?

I'm assuming "preferment" means preference, but I don't understand it. s 6(4) assumes that Defendant completed the offence. Why would've Defendant been charged with just the attempted ...
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65 views

How does s 1(3) of the Criminal Attempts Act explain the conclusion in Pace and Rogers that suspicion wasn't enough for that impossible attempt?

Below I boldened that sentence questioned in the title, and excerpted the fact patterns of the two cases. Please apprise me if you need any more quotations from these cases. All quotes from Herring, ...
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1answer
59 views

What determines whether a mistake is fundamental and ownership passes?

This textbook doesn't expound how to determine whether a mistake is fundamental enough. Assume that A and D mightn't have contracted. Under section 5(4) of the Theft Act 1968: Where a person gets ...
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64 views

How does Theft Act 1968 s 4 exclude trade secrets?

Information Information is not property. In Oxford v Moss10 a civil engineering student copied an examination paper and then returned it.11 The Court of Appeal quashed a conviction for theft as ...
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1answer
187 views

Is it illegal for criminal defendant to approach the prosecution witnesses?

Is there any law that prevents criminal defendants (where they are remanded at large or on bail without corresponding conditions) or their lawyers from talking to the prosecution witnesses? I note ...
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1answer
59 views

Question about recorded conversations

I have security cameras all around the house and a few inside. The ones inside are able to record audio. If someone knows and is aware of the cameras when entering my home, am I able to use recorded ...
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2k views

Can the accused change their mind about testifying mid-trial? USA criminal law

As I understand it, under US criminal law, a defendant may decline to testify in their own trial. Suppose a defendant elects to testify in their own trial but decides that it is no longer in their ...
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4answers
161 views

Would a prisoner be allowed to practice law and represent other inmates in court?

Would a prisoner be allowed to practice law and represent other inmates in court, and shown in For Life (2020)? According to the story, when he got to prison, he went to work for the paralegal ...
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1answer
5k views

Is it legal to forge a Permission to Attack during a physical penetration test engagement?

When doing penetration testing (hired as a security consultant to examine and test a company's security by simulating an attacker), it's necessary to have a document called "Permission to Attack&...
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61 views

Discovery question

In a criminal trial (DV related), can the prosecutor bring evidence into trial (such as text messages) without sharing them in discovery first? I assume that's a no-go?
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54 views

In US what is the difference between “Involuntary Manslaughter” and “Depraved-heart murder”?

From what I read it seems that "Involuntary Manslaughter" can result from recklessness, while "Depraved-heart murder" is caused by indifference. But in this case, isn't it the same ...
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1answer
157 views

Can I pretend to be a child to expose a predator?

Someone I know has been victimized by a predator in their youth. The things they did were awful. This person was young and felt ashamed and confused and deleted all the evidence. They are now trying ...
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0answers
93 views

How do sexting laws work in the Netherlands?

I've noticed that in some countries the definition of child pornography varies. For example, in Canada, where if a conversation is private between people of a very small age gap and there is never any ...
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2answers
143 views

Why are juries full of unprofessionals? [closed]

Why should we have juries filled with people who know nothing about the law? I live in the US, and here it is a civic duty to serve on jury as a citizen of America. This means that they aren't looking ...
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103 views

Where are you prosecuted?

I thought if you committed a crime in a certain state you were tried in that state. Maybe in a state court, maybe in a Federal court. Do I have this right? Recently, there is talk about prosecuting ...
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1answer
40 views

Conflicting different country laws when browsing the Internet, as you connect to servers worldwide [duplicate]

When a user browses the Internet, downloads or views content and websites, which law are they under, the law from its own country, from where they are browsing the Internet, or the law from the ...
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2answers
130 views

Blackmailing from Germany [closed]

I don’t know from where I should start but I am from Arabic Sudan and my Ex BF who lives in Germany is blackmailing me with private photos and videos he threat that he with post all over and send it ...
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2answers
9k views

Would Trump's defence work in other courts?

Donald Trump's defence against incitement is essentially the ambiguity of his language: he never explicitly told the crowd to violently attack Congress, but he did use ambiguous words such as "...

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