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Questions tagged [criminal-law]

For questions about laws related to crime.

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Why is use of force justified in this way?

Typically when we see an officer on the media for their use of force, even when the other person was a danger, we see the general public retort with something of the form "lesser force could have been ...
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Can class action lawsuits like this one? [on hold]

http://www.libertariansforum.com/cgi-bin/freedom/YaBB.pl?num=1539806071/0 Some lawyers think that some corporation do something wrong. Then he sues the corporation. Many of the "victim" doesn't even ...
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Getting courts to reconsider judgment when new evidence crops up

Say a District Court in New Zealand considers a proposed private prosecution and makes a judgment J that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
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2answers
106 views

Can the police tell you not to have house guests or you will be arrested?

My friend is being harassed by our local pd. They come to her house excessively and have even told her if she has house guests they will arrest her. Can they really do that?
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1answer
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Is there a program for someone that is not in law enforcement to work against drugs on War so that they can make a difference in the world [closed]

Is there a program for someone that is not in law enforcement to work against drugs on War so that they can make a difference in the world
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0answers
39 views

trespassing to personal property? [duplicate]

Let say I went into a store and bought something. When I was walking out an employee or the manager stop me and ask to look inside my bag because they assume I was stealing. Before, I could even ...
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24 views

Why do prosecutors sometimes chase “weak” cases?

From what I understand, the Criminal Division of the Internal Revenue Service is an exception to this question. Its rate of winning convictions is something like 80%, and about half the remaining ...
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1answer
42 views

In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?

In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older. (1) A person 24 years of age or ...
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2answers
30 views

What the difference between false pretense and forgery

I know that false pretense have to do with a scenario involving someone who pretend to be someone else in order to obtain money..etc. But I get confuse with both of them
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1answer
58 views

Is the extradition of a person a discretional choice of a state?

So, say someone commits murder in state A, then flees to state B. State A requests the extradition of the murderer. Does state B, in lack of any treaties governing the subject, by the power of ...
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2answers
23 views

Difference between three terminologies

I have confused many times wherever I studied about “Dacoity, Robbery and Extortion”. These three terms are closely related to each other and written in ambiguous forms
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1answer
72 views

Is it illegal to purchase stocks with money that came from a Brinks truck?

There have been many times over the years when a Brinks truck has overturned, or the security guards forgot to lock the rear doors, and money came out of it while in route to its destination. Say a ...
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0answers
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misdemeanor complaint, state requested release conditions, discovery evidence

I was charged with a misdemeanor, but the court messed up and sent the misdemeanor complaint to a wrong address. Never receiving it, never appearing at the court, they then created a warrant for my ...
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1answer
56 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
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1answer
79 views

Neighbors are spying for landlord on Renters is it legal? [closed]

Can a landlord legally spy on their tentants? Or Have Neighbors constantly spy for landlord
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0answers
33 views

What judgment should pass in this scenario?

While leaving his house for a few days; He set up Electric Shock or Snake bite Trap. In case if thief try to break in. And guess what! In absence of House owner, One Thief tried to break in and got ...
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2answers
159 views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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0answers
44 views

What justice and legislative system reforms have been proposed that account for the absence of free will? [closed]

From what I understand, psychology plays a large role in our criminal justice systems- especially in the United States. Psychologists evaluate police officers who go on to arrest people who are ...
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48 views

How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
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3answers
167 views

Under what conditions can a cop arrest someone?

I know in the old days, a person could only be arrested if they were actually observed in the commission of a crime. If someone accused someone else of a crime, they could not be arrested, but only ...
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1answer
59 views

What factors DA consider when prosecuting someone? [closed]

I read that many laws are unenforced. What did the DA do to decide what to enforce and what not? For example. Say some states have laws against cohabitation. Say a DA choose to enforce the normally ...
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0answers
44 views

When is the law broken by a campaign that violates an electoral commission rule?

If an electoral campaign fails to abide by a rule laid down by the electoral commission, has the law been broken? If not, what is the test to determine if the law has been broken?
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1answer
51 views

Temporary theft, or, removing someones property to deliver it to their home or office

If I take somebody's property without consent, with the intent of keeping it, it is theft. If I take somebody's property without consent, but return it to them immediately, what law am I violating? ...
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5answers
20k views

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it ...
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1answer
113 views

Why is there a 'statute of limitation' for sex crimes?

As I understand it, there is no statute of limitations for murder: in contrast sex crimes (rape) have time limits to prosecute. Is there a line of reasoning to decide which classes of crime have a ...
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0answers
80 views

Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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2answers
110 views

Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?

Say Rob commits a crime against Bob, and Matt witnesses it. Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
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1answer
79 views

What is it called when a business causes damages or vandalizes to garner more business?

I don't if it's racketeering exactly because I don't know what the stipulations are for how long term or consistent it is or what qualifies as "organized", but suppose a car wash hires someone to ...
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1answer
134 views

Too poor to obey the law

It's illegal to walk around naked in public, but what if someone is literally too poor to afford clothes?
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1answer
46 views

Disbarment or lesser discipline, United States

I had a bitter criminal legal struggle with a prosecutor that consistently showed no interest in knowing the truth (me meeting with him initially before I had any public defender), taking things fully ...
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2answers
52 views

Is a meeting including prosecutor, defender (public or private), and defendant allowed?

Please comment if I need to separate out some of these "1-liner" questions. Can these 3 parties (prosecutor, defender (public or private), and defendant all talk together at the same time, or the ...
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2answers
148 views

Why are some obvious fraudster not in jail? [duplicate]

Why do some people that commit fraud is not in jail? In How would the law in US handles private investigation like this? there is obviously plenty of evidence that a fraud has occured. I check What ...
2
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1answer
121 views

Do I have the legal right to kill an animal preventing my exit when I burglarize another house?

If I break into a house with the intent to burglarize it, and suddenly any animal (for instance, a large German Shepherd) prevents my escape and starts to attack me, do I have the legal right to shoot ...
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2answers
53 views

Under U.S. law, can an estate's executor be penalized for accidentally losing a document before the estate is closed?

What legal penalty might apply in a situation where documents were lost by accident before settling or closing an estate? Would there be civil or criminal penalties if, some but not all, documents (...
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1answer
159 views

Identifying corruption in tendering process

Under Indian law, is it allowable for a department (or department head) to bypass the a formal open "request for tender" process, by instead calling limited tender among arbitrary selected venders. ...
2
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1answer
78 views

Is it illegal to carry a foam baseball bat as a prop out on Halloween in the UK?

I am thinking of doing a 'Jacket' from Hotline Miami cosplay/dress up perhaps for Halloween or a convention. I am trying to think about props, but I am worried about the laws against having anything ...
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4answers
121 views

Is criminal prosecution up to the police/state or can an individual push it?

What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction? If this question is too ...
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2answers
226 views

In the United States who has the authority and what is the procedure to determine if conduct by an individual is “illegal”?

This is a canonical question posed for the purpose of clarifying the rules of criminal procedure in the United States relevant to who is authorized by law to determine if alleged conduct is "illegal". ...
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1answer
70 views

Got a jury summon last year, forgot about it, just remembered

What should I do? I would like to serve on a jury if I can. Ive passed 2 background checks since the jury duty notice. If i recall correctly the notice misspelled my name.
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2answers
208 views

Why don't US prosecutors press for imprisonment for crime in the banking industry?

In this article by The Guardian published two days ago they report: RBS bankers joked about destroying the US housing market after making millions by trading loans that staff described as "total ...
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22 views

Clarification: petit larceny by lost property v. criminal possession of stolen property

The following pertains to NEW YORK laws: What is the difference between petit larceny acquired by lost property and criminal possession of stolen property in the 5th degree? Please provide examples. ...
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Clarification: identity theft/impersonation/personal id info and examples

The following pertains to NEW YORK laws. What is the difference among criminal impersonation in the 2nd degree and identity theft and unlawful possession of personal identifying information in the ...
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1answer
58 views

Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?

Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018. If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive ...
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Can a pro se defendant make statements of fact in his opening and closing arguments?

If a defendant in a criminal case testifies on the stand, then they must submit to cross examination, which is not good for them. However, if a defendant is conducting his case pro se, then can he ...
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55 views

What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
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2answers
133 views

Lying in Court in the UK

A defendant provable lied in court. We had no right of reply to prove the lies were false. Nothing has been done afterwards. He was found guilty, but received a very light sentence probably based on ...
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1answer
75 views

Theory: Murder in neutral waters by person without citizenship?

Theoretical question: Murder in neutral waters by person without citizenship? Will person be prosecuted? What if victim is also a person without citizenship?
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1answer
130 views

Likelihood of jury selection procedure in this story

I had some questions about how jury selection works upon reading the following story that was shared to Facebook: A couple of years ago I got called for jury duty and made it through a couple of ...
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3answers
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No evidence is required for an indictment by a grand jury?

I just read the indictment of Christopher Collins, a congressman, for relaying insider information on a company with publicly traded stock, and for "lying" to a federal agent, ie for denying he ...
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2answers
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Why is Sim Lim Scammer in Jail even though technically his victims agree?

https://coconuts.co/singapore/news/33-months-jail-sim-lim-square-conman-jover-chew-whos-getting-treatment-depression/ Sim Lim scammer is in jail for "scamming". That one is obvious. We sort of know ...