Questions tagged [criminal-law]

For questions about laws related to crime.

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12 views

Culpablility for taking an unjustified risk with the interests of others v. Criminalisation

How can a monograph focus when [3] "a defendant is culpable for taking an unjustified risk with the interests of others", but not [1] "whether risking the interests of others itself ...
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16 views

save image as a government seal or government seal flag on a computer is reproduction

Is save image as of a government seal or government seal flag on a computer is reproduction for a non commercial game?
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2answers
44 views

Are lawyer conversations with third parties relevant to a case privileged?

Are lawyer conversations with third parties relevant to a case privileged? For example, imagine an attorney is defending a person against a criminal charge. The attorney interviews his client's ...
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1answer
46 views

Is it Cyber defamation and cyber insult crime to talk about someone else in the private chat?

So me and my friends had a group chat and we were talking about someone not in the group chat. We gave her some funny nickname but we never said it publicly. It was all in the private group chat thats ...
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11 views

What's the logic behind selling a person's own blood being illegal in several countries? [migrated]

According to this article (in Spanish) blood from people recovered from covid-19 is a millionarie business laboratories in US were paying from dozens to a thousand dollar for blood from people ...
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2answers
73 views

Drink and riding (bicycle) offence in Germany

I am charged with a criminal offence in a drink-and-riding-a-bicycle case. I have received a letter mentioning the alcohol content 1.66 promile. I have accepted the charges and agreed to pay the fine. ...
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2answers
67 views

Is there duty to report crime that may be committed soon?

Rob approaches Bob and offers him a job: to commit a certain specific crime. Bob rejects. Question 1: At this point, does Bob have any legal duty/obligation to report Rob to law enforcement ...
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1answer
118 views

Stealing my pet back?

I was dating this guy for about a month. Within that,He convinced me to let my bird stay with him and he, my dad, and I all agreed that I would get her back if we broke up. Texted him last night and ...
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1answer
45 views

Automated backups of my clients websites to cloud storage, who is legally at fault if the backup contains illegal/copyrighted material?

I am currently working on a new backup service for all of my clients, where every day an automated system will take a copy of all of the website files, as well as a copy of the database. This will ...
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2answers
35 views

'Δ’s negligence was gross and whether, additionally, it was a crime' v. 'whether Δ's behaviour was grossly negligent and consequently criminal'

I'm having much difficulty with distinguishing pairs of sentences, and this time they're at the bottom below. Can you please simplify and elaborate? I'll divide the sentence into two. Doesn't "...
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1answer
48 views

“Due to my past this remark was far more insulting than […] for other people” v. “Because I was abused as a child I have lower levels of restraint”

Can someone please simplify and teach how to distinguish arguments 1 v. 2 at the bottom? They deal with s 54(3) below. They look the same to me because both arguments adduce D's past abuse as a child,...
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28 views

How does “maliciously” in s 18 Offences Against the Person Act 1861 imply 2. wounding a 4. causing GBH with malicious intent?

Concentrate Criminal Law (2020 7 edn). p 61. I copied and pasted s 18 for your convenience. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm ...
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53 views

Where negligence is enough for criminal liability, then a fortiori there's liability for intention or recklessness?

I accept Concentrate Criminal Law (2020 7 edn) p. 31 So, it is generally thought that intention is the most serious kind of mens rea, recklessness the next most serious, and negligence the least ...
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1answer
134 views

When Is it OK to Break a No-Contact Order?

Location: Indiana, USA Background: A friend of mine has a temporary no-contact order placed against him for his girlfriend. His girlfriend didn't want the order, but the state placed the order anyway. ...
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30 views

Federal statute of limitations for sex crimes with a child or minor

I am studying Law and find the United States of America very interesting, with state and Federal Laws. I understand that there is sometimes a statute of limitations, and it is normally five years, ...
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52 views
+50

What is the punishment for buying ammo after being involuntarily mentally hospitalized?

It seems to me this could be misdemeanor or felony but I'm not sure. So states have background checks which seems like the right answer.
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1answer
62 views

Barrister in the UK

I have had an interest in taxation throughout my adult life, and I recently stumbled upon a position at a Chambers to do exactly that, and they also pay for me to become a Barrister. If I eventually ...
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3answers
119 views

Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

Before Covid, I was working in Chennai, India. I had a broadband internet connection and used a router provided by my ISP. Due to the lockdown, I had to move to my parents home in West Bengal, India (~...
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1answer
51 views

Spanish Criminal Law

My understanding of Spanish Law is as follows: 14 is usually the age of criminal responsibility. Menores de edad from 14 to 18 can only be given a maximum sentence of two years in prison per crime. ...
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58 views

Would it be illegal to Brute force to gather the information that is available publicly on a govt. website?

The results for my class were announced and released on a website. To check my result I have to enter two things My Roll Number My Application Number Now I want to see one of my friends' result, and ...
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1answer
87 views

What crime is committed by submitting fake pictures to the court as discovery evidence?

What crime has an alleged victim committed by submitting fake edited pictures as discovery evidence of injuries?
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2answers
121 views

The “self defense” defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
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1answer
61 views

Faked Discovery Evidence

If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?
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1answer
20 views

Docket Day Deposition, Plea, and Negotiations

Prior to Docket Day, is it required for the defendant's attorney to provide him or her with the deposition and/or final plea? Can the defendant's attorney tell the defendant to sign the plea because ...
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2answers
91 views

What happens if a law enforcement agency refuses to obey a court order?

So, let's say that a judge issues an order to a law enforcement agency - for instance, ordering them to behave in a certain way when interacting with protestors. The law enforcement agency then ...
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1answer
383 views

How many years could Chauvin get for tax fraud?

Derek Chauvin was charged with nine counts of felony tax fraud. I looked up the maximum sentence for tax evasion. It is five years. Does this mean that, from taxes alone, Chauvin is eligible for 45 ...
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39 views

Why was the ABSCAM operation not considered entrapment?

In 1978, the FBI performed an undercover sting operation that resulted in the conviction of six US congressmen and one senator for accepting bribes. From what I've read, it seems like it was driven ...
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1answer
86 views

Is it legal to synthesize drug at home?

Is it legal to synthesize drug at home but not for reselling or consumption purposes?
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9answers
13k views

Why is murder considered a more serious crime than attempted murder?

By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder. If intent to kill has indeed been proven, does the latter crime reward incompetence ...
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6answers
12k views

Suppose someone kills more people than they intended. Did they murder the extra people?

If a person sets a bomb in a music festival. Based on previous attendance numbers, they expected 60,000 people to show up. 120,000 people showed up and were killed by their bomb. Legally, did they ...
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1answer
61 views

Malicious communications UK

If someone reported someone else for sending ‘abusive messages’ to them under the Mal comms act. Would unsolicited pictures of certain body parts be classed as abusive? The act is ‘send communication/ ...
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1answer
32 views

How to find status of criminal prosecution (Alberta, Canada)

Calgary men charged after 864 investors lose $33M in Crowsnest Pass development Jun 10, 2016 I can't find any further news about this. I tried contacting CBC but got no reply. (Not to be confused with ...
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34 views

What does “approach” mean?

The "Florida Computer Crimes Act" defines "access" in Florida statutes Ch. 815.03(1) as follows: “Access” means to approach, instruct, communicate with, store data in, retrieve ...
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105 views

IP addresses in criminal cases

Are IP addresses enough to convict someone of criminal activity? So for instance, if someone was using their home WiFi network, which would have one IP address, then they use their mobile network ...
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1answer
43 views

Under California Health and Safety Code 11361, what constitutes “inducing a minor to use marijuana”?

In California it seems like marijuana is legal for adult recreational use, but that does not extend to minors. Under California Health and Safety Code 11361 there's a section about "Inducing a ...
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1answer
74 views

What happens if one of the two accused flees the country?

Context: I'm watching a series on Netflix called Brooklyn Nine-nine, a comedy series. No spoilers please. I'm fond of law stuff and I don't know much about laws in the US, I live somewhere in Asia, by ...
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1answer
67 views

Is this grounds for Child Protection Services

If a religious parent found out their child was an atheist or part of the LGBT community, then freaked out about it and told them I rather have you dead than have you be what you are. Can CPS remove ...
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2answers
66 views

How should Garrett Rolfe have acted when Rayshard Brooks tried to tase him?

What should he have done to avoid prosecution?
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1answer
63 views

Guilt of a character in a convoluted murder from a whodunnit movie

In a movie I recently watched, a rather convoluted murder took place. As a matter of fact, it was so convoluted that I have no idea if the character was guilty or not. I'll try my best to keep the ...
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1answer
92 views

Can I carry a Miniature knife at school?

I have a small necklace knife where the blade is less than 1 inch or 2 1/2 cm I live in Washington and go to high school would it be legal to carry such a small knife in a pocket in my backpack? it is ...
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2answers
58 views

Golden Eagle Insignia

Can I use this Golden Eagle in a Non-Commercial Game or this is a prohibited with the Golden Eagle Insignia
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3answers
106 views

Sanctions against dealing in Bitcoin

Some countries are treating dealing in Bitcoin as seriously as drug-dealing and money laundering [0]. Suppose that you are a citizen of another country (and normally live in it) that does not have ...
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1answer
73 views

fortune-telling a NY crime, is it a dead letter?

Fortune-telling for pay is a misdemeanor in New York State if "he claims or pretends to tell fortunes, or holds himself out as being able, by claimed or pretended use of occult powers, to answer ...
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1answer
141 views

Can a victim of crime sue a city that abolished their police department?

Say that a city abolishes their police department based on accusations of systematic racism within their police ranks. The following day a person living in that city calls 911 to report that their ...
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1answer
90 views

Taking out life insurance policies on people you expect to die

Is it legal to do this? Can't I just take out policies on people I know with underrated or misclassified health problems and make money?
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92 views

How can euthanasia be legal without slavery

This is not a political post. I am just asking a legal question. If I can alienate control of my body by allowing someone to kill me then why can't I allow myself to be enslaved? What is the legal ...
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1answer
105 views

During an investigation, can a US law enforcement officer say something is legal if it is not?

When investigating something that has already happened, can a US law enforcement officer say "x is perfectly legal" to get someone to confess to having done x (which is not actually legal and someone ...
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2answers
56 views

What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests. This seems insane to me, which makes me think there is more to this story. ...
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44 views

does false statement statute really reach this far?

The Federal statute against false statements at 18 U.S.C. 1001 seems to ban almost any lie that gets reported to the executive or judicial branch (the legislative branch is treated more narrowly). ...
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1answer
74 views

Why wasn't Acosta arrested on conspiracy charges and/or the obstruction of justice?

In the Jeffrey Epstain case in which a pyramid scheme of international sex trafficking and abuse came to light, the FBI filed a fifty three page indictment in June 2007. However, the then Attorney-...

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