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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1answer
40 views

Is the case for consensual sexting between an Adult and Minor across countries prosecuted?

I am asking for a dear friend of mine, and it's an hypothetical situation. Hypothetically if a male (23) living overseas (say in Italy) involves in sexting with a girl (17) living overseas (say in ...
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2answers
127 views

Could you steal money from a criminal organization and publicly declare it without legal repercussions?

A random idea I had based on shows like squid game, or others that feature death games. In a real world setting in the USA, you have knowledge and details of an ongoing criminal organization without ...
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1answer
56 views

Bad Police Corruption, And Is State Provided Discovery The Same As "Evidence" [closed]

(U.S.) I'm involved in a case where a police officer assaulted me several ways, and when I complained after the arrest to take action of what he did, he then fully manufactured that I assaulted him (...
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1answer
42 views

What legal consequences would someone face for intentionally destroying an embryo conceived via IVF but not yet implanted?

A random debate somewhere else made me curious about this question. If someone knowingly and intentionally destroyed an embryo conceived via IVF but not implanted yet what kind of consequences do ...
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1answer
67 views

You moved to a new country, you've been living there for a few years but your home country decides you're a criminal. What now?

You moved from a country led by an "elected" religious dictator to a western country like Spain. To naturalize and become a citizen of your new country, I believe you need to get a police ...
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2answers
550 views

Is calumny against the law in Ohio and in British Columbia, Canada?

Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) ...
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4answers
164 views

In this day and age, how hard is it to get away with a (non-political) crime by escaping to a different country?

While extradition treaties exist, the worldwide network of extradition treaties is quite sparse, and in addition many countries have a policy to never extradite their own citizens. This might lead one ...
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4answers
3k views

What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?

In this weeks UK news, we read that the Colston Four were acquitted. For those unaware, these were four individuals who played an active role during BLM protests, in pulling down and dumping in the ...
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2answers
67 views

Are non-profit corporations that don't do what their legal Constitution promises ever held to account?

There have always been Internet Sites dedicated to helping the 3rd Worlders. When soliciting for donations, they will always declare proudly that they are a "non-profit" By this, I assume ...
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1answer
85 views

Can the publication of one's own purported "Principles" constitute criminal fraud?

Our legally-constituted artisans cooperative has been a supplier to 'Fair Trade' retailers since 1975 at an average of 5000usd$/month in product sales. The Fair Trade umbrella organization publishes ...
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2answers
132 views

Is it true that you shouldn't publish evidence that you intend to use in court?

I've heard in a few places that you shouldn't make public pieces of evidence that you plan to use later to support a case against some person/entity. But I'd like to ask if this is actually true and ...
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1answer
88 views

Plea bargains - what can a prosecutor offer?

Imagine that a person is charged with a serious crime. The evidence against him is pretty good. If it goes to trial, there is a fair chance that the jury will have at least one reasonable doubt and ...
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1answer
90 views

Can you be charged with killing an endangered species if you stick your hand the cage of one, and the animal has to be put down?

There was just a guy on the news who stuck his hand in a tiger enclosure. He was on the cleaning crew and was either feeding the tiger, or trying to pet it. Tigers doing what tigers do, he latched ...
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1answer
72 views

Can a booby trap be used to stop an active shooter?

I am wondering if it is legal to set up a booby trap to stop an active shooter. For example, say that there is an active shooter inside a factory and a worker there places something heavy like an ...
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1answer
82 views

is reverse engineering undocumented API legal in the U.S

I've reverse engineered a Taobao APP's undocumented API to make a helper program, (in case you don't know what Taobao APP is, it's like amazon or ebay), this API allows the APP to place bids and make ...
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2answers
105 views

It is illegal for someone to use software applications on a found laptop computer?

I am curious to know if it is illegal for someone to use software applications on a found laptop computer. For example, let's say that you go to a bus stop and there is a laptop computer sitting on a ...
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2answers
85 views

Constitutional Basis for Federal Criminal Law and Illegalization of Murder at the Federal Level

I'm curious about the constitutional basis for federal criminal law (in America). The necessary and proper clause seems to be such a basis: "To make all Laws which shall be necessary and proper ...
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6answers
2k views

Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

My understanding is that the rule can be used in court to strike down actions in court. I was wondering whether it might also perhaps be used legitimately by someone, outside of a court case, and ...
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1answer
61 views

Could these facts lead to a conviction for manslaughter or other crimes?

Here are the facts: A person (A), an adolescent, posts a poll on his Instagram story. It asks ‘Should I kill myself?’ The options are ‘yes’ and ‘no’. Forty people vote on the poll. Only four people ...
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2answers
95 views

Arizona criminal traffic law

Suppose that a person Bob was ticketed for criminal aggressive driving in 1/2021, at 87 mph in a 75 mph zone. Arizona passed an amendment to the law in 6/2021 so that a person must be going over 20 ...
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5answers
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Is this "Bait-And-Switch" defence possible?

I was kind of inspired by a television programme I was watching recently - I won't spoil it by saying its name. Let's say my friend committed a murder and wanted to get away with it. So together we ...
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1answer
95 views

Is the DA bound by agreements made during hostage negotiations?

I've seen several fictional situations where a District Attorney agrees to not prosecute various crimes committed by a kidnapper while conducting hostage negotiations. Would an agreement made by a DA ...
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0answers
58 views

Can a bank be compelled to ID a dozen of its customers for an investigation of an alleged misdemeanor vandalism charge in California?

Could the police request that, for example, all users of an ATM in the vicinity of the alleged crime within, say a 30-minutes time frame be listed and personal information including name, date of ...
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2answers
197 views

Almost stabbed to death, what tools do the detective squad have to catch this guy?

I was attacked a few days ago and was almost stabbed to death. The suspect got away, as the first squad car came. Fueled by adrenaline, I sprinted towards the first squad car to get their attention ...
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1answer
124 views

Can a family ask the government to hide the details of a relative's death?

I know of a fictional story plot where the cause of someone's death is unknown. The death may be due to natural causes, or it could be murder. The government investigates, but the findings are hidden ...
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106 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
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60 views

What rights do minors have in Indiana

I am 20 years old and my younger brother, still a minor at 16, is battling with our parents over them seizing his property without any real cause, and refusing to return any of it, clearly outlining ...
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1answer
56 views

Do civil courts have the power to force a criminal investigation after it finds evidence of fraud?

Say a person sues a fraudster in civil courts. Upon showing evidence of fraud, can the court, through request of the plaintiff, request a criminal investigation on the fraudster? I would presume such ...
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1answer
107 views

Double Jeopardy in Texas v. Young?

According to this Texas Tribune article, in Texas v. Young, Clinton Young was found guilty of murder and sentenced to death. Fifteen years later, a Texas court of appeals has thrown out his ...
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2answers
280 views

You are asked to choose between 2 people who will be killed. What happens if you pick someone?

Say the following situation occurs: A sadistic murderer kidnaps you and 2 other people. They tell you to pick one of the two other people, and the person you did not pick will be killed. You have 30 ...
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0answers
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Can juvenile adjudications for never-sealable offences be sealed? (Massachusetts)

Convictions for some crimes in Massachusetts such as perjury can never be sealed. However, the statute (c.276 § 100A), says that "convictions" for these crimes can never be sealed. So, if a ...
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2answers
1k views

Is propensity evidence ever allowed as circumstantial evidence?

I, being a non-expert in any country's/state's law, was somewhat surprised when it was said that propensity evidence isn't, in Wisconsin, legal evidence; see between 5.57 - 8.15 in this video about ...
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3answers
157 views

Ahmaud Arbery trial - what if they had witnessed him commit a crime?

In the Ahmaud Arbery trial, they tried to do a citizens arrest on him when they had no proof he had committed any crime. So, they couldn't claim self defense. This is logical. But what if they had ...
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2answers
230 views

Can someone be arrested for not being ‘nice’ to police?

We came out of a night club and there was a police car with dogs barking at the back of it. For some reason this fascinated my friend and he stood behind the police car laughing and watching the dogs ...
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1answer
137 views

If a cop is mistaken in his belief that X is true, where X would typically be grounds for reasonable suspicion, does he have reasonable suspicion?

If a cop is factually mistaken (but sincerely mistaken, not a liar) in his belief that X is true, and if X would typically constitute grounds for reasonable suspicion (were it to be true, which it isn’...
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2answers
26 views

What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque

A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
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0answers
103 views

Can one intimidate court appointed lawyers into quitting to exhaust the full list?

This question is based on a real case in a country in Eastern Europe. The defendant being accused of running an organized crime group, seems to be intimidating all the court appointed attorneys into ...
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2answers
117 views

If you borrow something but can't contact the owner to return it, does it become yours?

Do I become the owner of a device someone lets me borrow if I can't return it? Say someone lets me borrow their iPad since I need an Apple platform for a project. They say I don't need to return it ...
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1answer
191 views

Would Anthony Huber be considered armed at any point?

Anthony Huber was carrying a skateboard when he encountered Kyle Rittenhouse. When Mr. Huber struck Mr. Rittenhouse with the skateboard, did the status of the skateboard change from simply an object ...
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3answers
161 views

Does partiality discredit witnesses?

In criminal trials, when a regular (non-expert) witness does not like the defendant (and admits it when asked), does that alone give a valid reason to discredit them to any extent at all? Can the jury ...
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1answer
38 views

Joint Enterprise and Witness Intimidation in UK

(For MOOT case). An accused burglar is currently in an ongoing criminal trial. The accused burglar tells his friend details about the person who accused them. The friend, after hearing about the ...
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0answers
57 views

Could a cell phone carrier sell this privacy plan?

Suppose Verizon offered a "privacy plan" (e.g., for $50 extra per month) in which they intentionally delete any location/ping/connection/dialing history data from their servers/towers such ...
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6answers
10k views

What crimes did Rosenbaum commit when he engaged Rittenhouse?

The jury has found Kyle Rittenhouse not guilty of murder of Joseph Rosenbaum based on the defense's claim that he acted in self defense. Given the facts outlined by this NPR article, it appears that ...
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2answers
256 views

Is a lawyer allowed to point an unloaded gun at the jury, if it's just for a demonstration?

I understand that sometimes arms have factual bearing on cases and have to be entered into evidence but how anyone managed to point a gun at a jury and not get rugby tackled by a bailiff is beyond me. ...
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2answers
215 views

Is mutual self defense a thing? [duplicate]

Given very similar facts to the Rittenhouse case, but where the other guy shoots first, could that guy as a defendant claim self defense and win? Imagine two sides in a conflict which hasn’t resulted ...
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1answer
129 views

Are there statistics on how often Mistrial with Prejudice happens in the US?

During the Rittenhouse trial I was surprised to learn there's a legal concept called Mistrial with Prejudice. Are there any statistics on how often this happens in Federal and State courts in the US ...
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3answers
241 views

Where is the line in regards to jury intimidation?

I have been closely following the Kyle Rittenhouse case closely. During a discussion on whether the jury could view video evidence multiple times, protesters with megaphones could be overheard in the ...
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1answer
90 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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3answers
5k views

What happens if I sell the same physical item to several people?

Follow-up question for Could a contract with ludicrous terms be enforced? At the end of the hypothetical there, they raise the possibility of someone secretly selling the same physical item (a unique ...
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4answers
5k views

When there is a hung jury, is it reported how badly it is hung?

I would think it would be important to the State to know how many hold-outs there were. It seems like it would effect the cost/benefit analysis the State makes when deciding whether to re-try the ...

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