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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
97 views

Being charged with driving while impaired, in the state of Minnesota? While prescribed desoxyn

Or while being prescribed desoxyn by a doctor, Is there a limit of methamphetamine in one's system that can allow one to drive and not be charged with driving while impaired, in the state of ...
3
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1answer
78 views

Could You Indict a Computer?

I would have thought this would've been asked already, but I searched this site and the Internet, and I couldn't find anything. Apologies if this is a duplicate. As computers become increasingly ...
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19 views

Weighing civil action versus referring to DA [on hold]

I'm a Limited Partner in three partnerships, and I have recently discovered, by way of analyzing years of the partnerships' federal tax returns, that there is substantial financial wrongdoing by the ...
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0answers
75 views

What can a parent do with a child's birth certificate?

In particular, anything harmful? I'm (legal adult) aware it's a gateway to obtaining other forms of identification such as SSN and Passport, but doubt s/he can do it with a birth certificate alone. ...
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53 views

Is it legal to create and sell a tool to modify config files for games

I've recently discovered an oversight in a popular games config file system that allows you to use an item even if you haven't yet unlocked it, this is a multiplayer game where players are expected to ...
2
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0answers
56 views

Why are in-house counsels not allowed to defend a defendant?

In the last John Gotti trial, the prosecutors successfully argued Bruce Cutler was an in-house counselor for John Gotti. The result was Cutler was not allowed to defend John Gotti at trial. Why are ...
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2answers
74 views

Legal consequences and conviction for celebrities

I know that may be this present question can show a little bit of naivety and the answer can be somehow obvious and trivial, but since I'm not sure about these issues, I'll be asking it anyway. Are ...
2
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0answers
63 views

Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...
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24 views

Foreign Fighter Classification \ Jurisdiction

Two British nationals are alleged to have executed Americans under the guise of ISIL and are in American military custody. Assume that the suspects remain in American custody and are not transferred ...
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1answer
80 views

Can police charge someone with a misdemeanor in the total absence of evidence?

In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
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39 views

Home building inside my property [on hold]

By the metal roof that matches my home, Next door people say heating comes into their side. what should I do for that
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0answers
56 views

Is There a law in place to treat neighbors as distressing

Is There a law in place to treat neighbors as distressing? There are a lot of people who use words and actions that are meant to cause depression. Is there any legal action against those who use ...
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1answer
66 views

Is it criminal to surveille women as per the Lindberg?

https://pulse.ncpolicywatch.org/2019/10/03/investigation-greg-lindberg-paid-for-spying-compilation-of-dossiers-on-women-in-whom-he-was-interested/ Is it criminal to surveille women as per the ...
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1answer
55 views

Although there are conflicting claims about what happened on June 4th, 1989 in Tiananmen Square

... the government of China doesn't claim that nothing happened. There is an official narrative, including the claim that soldiers working for the government of China were victims of protesters. ...
4
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1answer
128 views

Is it Illegal to shred Sheriff's department records in Georgia?

A recent New Yorker Article describes an incoming sheriff, replacing an old (corrupt) sheriff on his first day: "when he unlocked the doors to the sheriff’s office on his first day on the job, ...
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0answers
57 views

Is it legal to OWN a machete in New Jersey? (Decor purposes only)

I bought a machete online about 2 hours ago because I thought it looked cool and I figured it would be nice to display it on my wall. I have no intentions to carry it, use it for illegal purposes, or ...
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66 views

Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
2
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1answer
37 views

reduce into possession

'reduced into possession' isn't just worded for animals. 'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote Etymonline because legalese can deceivingly use common words ...
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3answers
128 views

s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

I don't understand this law. Surmise that a I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I ...
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1answer
29 views

Offences Against the Person Act 1861 — How is Section 18 , in at least one respect broader than Section 20?

I don't understand the bold text in the OATPA 1861. How is s. 18 "in at least one respect, broader than section 20"? Are there more respects than just "one respect"? How many exactly? What are they? ...
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7 views

Offences Against the Person Act 1861 — How's s 47 “in at least one respect, the narrowest offence of” ss 18, 20, 47? [duplicate]

I don't ken the emboldening. Here's the OATPA 1861. How's s.47 "in at least one respect, the narrowest offence of" ss. 18, 20, 47? Are there more respects than just "one respect"? How many exactly? ...
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27 views

How does 'assault' mean 'assault or battery'?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 320. The quote of s. 57 below accurately just annunciates "assault" (green). Thus was author wrong to write "assault or battery" (...
3
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1answer
125 views

Can a soldier enforce federal law?

I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped ...
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7 views

Providing an address list app and Privacy Policy Issues

I'm building an app which provides an avenue for users to store information on people particularly addresses and country of origin. The app will be an online service where all data are stored in our ...
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27 views

Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
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2answers
145 views

Do firefighters contitute a legislative power?

According to this article ref here, ref here, ref here and ref here: ...History has just been made, as the first legislative body in the country officially announces their support for reopening ...
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2answers
59 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
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1answer
89 views

Ability to Assist an Injured Officer (USA)?

Related Suppose Bob is walking down the street, and finds an injured LEO, who is attempting to shoot a third person, let's call him Charlie. The officer is too injured to complete this action (can't ...
2
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3answers
261 views

Can a couple be charged for spending $120,000 deposited to their bank account in error?

A couple is being charged for spending $120,000 which was deposited to their account in error. This is in Pennsylvania, USA. The facts are presented as follows: One day, couple wakes up to $120,000 ...
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2answers
70 views

Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
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1answer
81 views

Would it be legal to change the functionality of your own software to do something apparently malicious if fullly documented?

This topic came up when discussing the infamous left-pad disaster from awhile back. To give a brief summary the author of a small package hosted on the npm repository that numerous other packages had ...
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2answers
42 views

Scenario in which a person sues an other living in an another European country

I asked a question about a specific scenario a few days ago, but given that the question has been deemed somehow discriminatory against a gender, suspicious (I honestly don't know why!?!?!), I'm going ...
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1answer
57 views

Issues with a Guilty Plea [closed]

If I agreed to plead guilty to a charge and after pleading guilty the courts impose on me that I plead guilty to the actual crime, then what rights do I have in this case? Can they charge me with an ...
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1answer
42 views

Can involvement of third party be a factor lowering culpability and leading to non-prosecution decision?

A person I know (she lives in Maryland) was a victim of a minor assault where she was pushed around and her face grasped. Thankfully she did not suffer bodily harm. The two assailants admitted the ...
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1answer
105 views

Running from the police

If an officer pulls a car over and I get out start running, the officer ends up hurting himself, can I be charged with a felony and how much jail time if any?
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1answer
37 views

Understanding Declaration

(I am in New Zealand, but am interested in answers following British style law.. When entering into New Zealand (as with most countries), passengers are required to fill out an arrival card. At the ...
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0answers
26 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...
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1answer
86 views

Is it legal for officers of one sex to strip-search detainees of a different sex?

I believe there is a law that states strip searches are performed by officers of the same sex as the detainee, and not by officers of a different sex. However this did not occur in the following cases....
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2answers
47 views

Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
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2answers
94 views

What does phrases “Deserve an asterisk” and “Putting an asterisk” besides someone's name, means morally and in lawman's terms? [closed]

I got to see this amazing web-series called "Suits", I just wonder is there an actual legal proceeding called "putting an asterisk" besides some lawman's name ? If there is what would it mean in Law &...
3
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1answer
122 views

Can The President Of The US Pardon Everyone?

Can The President Of The United States Pardon everyone, for example lets say a criminal organisation is commiting crimes, after awhile they get raided by the police,everyone gets arrested and ...
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4answers
5k views

Can you be convicted for being a murderer twice?

Germany has this weird specialty¹ in its criminal law's murder paragraph. While most paragraphs say something like “The person who does A is punished with B”, the murder paragraph (“Strafgesetzbuch § ...
2
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1answer
107 views

Freedom to travel

So in the state of California in Napa county, a 19-year-old male was hanging out with a 15-year-old girl. They were thought to be caught in a sexual act. after they were taken into questioning and ...
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1answer
65 views

Is the Muslim Women (Protection of Rights on Marriage) Act violative of fundamental rights?

On July 31, 2019, Government of India published the concerned Act in its official gazette. Article 4 in the Act has penal provisions which turns the act of declaring instantaneous unilateral divorce ...
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1answer
70 views

“if the defendant had acted as he ought, the victim would not have suffered” vs. “there's evidence that the victim might not have suffered the harm”

I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2? Isn't "the defendant had acted as he ought" "...
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2answers
177 views

Jurors pre-judging before trial [closed]

I was arrested on charges in North Carolina. During the ongoing investigation, but prior to trial, the local news ran a piece showing my mug shot. They didn't say my name, but did say some bad things ...
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2answers
76 views

Is it illegal for an employer to know that their employees are lying to the companies customers for their own personal financial gain?

An employer is aware that their employees are lying to customers of the company for their own personal financial gain. Is that against the law? If an employer is aware and continues to let the ...
2
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1answer
78 views

Who prosecutes the crime of opening someone else's mail?

Opening or throwing out mail addressed to someone else, such as a previous tenant, is a felony with possible jail time and a statute of limitations of five years. But when is this ever prosecuted? If ...
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1answer
104 views

If I ask a police officer if I am compelled to do something do they have to answer me honestly?

Let's say that I'm being questioned by police as a suspect, and I'm too stupid to have asked for an attorney I could trust to be there. The police are going to try to get me to do things that may be ...
3
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3answers
124 views

Would police in the US have any alternative for handling a confiscated computer with a hidden partition?

I've heard some fellow geeks (who are always obsessed with computer privacy) talk about how 'amazing' a hidden partition is for privacy. I don't really see the point of all the trouble if I'm not ...