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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Does Spain have extraterritorial jurisdiction?

Does Spain have extraterritorial jurisdiction for any crimes? The extraterritorial jurisdiction in Spain could be for: Crimes committed by a Spanish national abroad. Crimes committed by a guest ...
user5623335's user avatar
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1 answer
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What jail time would be imposed for felony false imprisonment plead down from 4 felony rape?

In California, what is the amount of jail time given for a felony false imprisonment conviction in a guilty plea from rape charges? I’m asking in general and I am also interest in knowing how often no ...
Dayton James's user avatar
3 votes
1 answer
109 views

Assuming Trump was convicted in NY hush money trial, would his federal habeas appeal after exhaustion of state appeals, be subject to AEDPA?

Trump's hush money criminal trial at the state level begins today in New York. Assuming Trump is convicted and exhausts his state level appeals, my understanding is that any federal relief he may seek ...
Anthony's user avatar
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3 votes
1 answer
159 views

Does the UK have an equivalent to the Cheek defence?

In essence, in the UK, can someone raise a defence of an unreasonable yet good-faith misunderstanding if charged with tax evasion? In Cheek v. US, the US Supreme Court stated that a defendant’s mere ...
BakedAlaska624's user avatar
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1 answer
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Questions related to confidentiality obligations

If I accidentally find out that someone else committed a crime, and I don't sue him, will I be punished if it later turns out that I knew in some way? In the above example, what happens if it is not ‘...
sjh's user avatar
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28 votes
3 answers
7k views

Why isn't there financial safety if I am arrested illegally? [closed]

I have been arrested approximately 14 times in my life and never Mirandized. The last time I was arrested, about 8 police officers stood around me asking me what I was doing. After I explained every ...
Moses Isaac Kaufman's user avatar
-4 votes
2 answers
229 views

(US) San Francisco: worst that can happen if you enter a shop and start eating?

I'm sick and tired of having to spend 25 hours a day just to get change for sufficient food, and to go without for months consecutive. Assuming, if provided a DA does not prosecute—What's the absolute ...
Pacerier's user avatar
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1 answer
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What laws apply to the possession of pocket knives by minors in California?

What, if any, California laws regarding the possession of pocket knives apply specifically to minors?
Someone's user avatar
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Can a person challenge a criminal charge if it never went to court? [duplicate]

Is it possible for a person challenge or expunge a 25 year old felony charge that comes up on a background check if no court records exist because the case was never brought to court? What is the ...
bdb484's user avatar
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1 answer
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Aiding and abetting indirectly/where the principal is not the person intended by D (English Law)

If X encourages Y to commit crime A, but, rather than commit the crime himself (and unknown to X), Y then encourages a third party Z to commit crime A. X could be charged with inchoate liability for ...
ech-93's user avatar
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Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)

Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
BakedAlaska624's user avatar
3 votes
1 answer
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Is this protest group committing a crime by moving food into a shop's donations bin?

A Scottish group called This Is Rigged, protesting the cost of living crisis, has been entering supermarkets and moving items such as food and baby formula from the shelves straight into the food bank ...
DannyH's user avatar
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1 answer
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Why was dueling legal?

Dueling has, historically, been legal in many places. In common-law jurisdictions, why was it not considered murder if someone dies and attempted murder or assault if not? Did the common-law or ...
Someone's user avatar
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-2 votes
2 answers
173 views

What does it mean for a crime to be committed "in the presence of" a person?

ORS 133.225 (Arrest by private person), subsection 1, says in part, emphasis added: A private person may arrest another person for any crime committed in the presence of the private person if the ...
Someone's user avatar
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If a getaway driver drives away while a bank robbery is in progress, will he/she still be arrested as a participant in this crime?

Consider a situation in which a group of four people drive to a bank and then three of them go into the bank to rob it, and while those three are inside the bank robbing it, the driver has a sudden ...
user57467's user avatar
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I read Israel seeks advice for its military strikes, so if Israel is committing war crimes, then what does this mean?

Related: How is Israel's situation vs Hamas in Gaza/Palestine remarkable when it comes to evidence? Re the ongoing Israel vs Hamas war, I've been reading about some principles of war / ...
BCLC's user avatar
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Does the Israeli military have a legal right to shoot at anyone within the Gaza Strip that they suspect of being a militant of Hamas?

Same question as this but changing the qualifier 'member' to 'militant' based on the following comment: I guess what the OP wanted to ask is the shooting of people who are suspected of being Hamas ...
BCLC's user avatar
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How is Israel's situation vs Hamas in Gaza/Palestine remarkable when it comes to evidence?

Related: Does the Israeli military have a legal right to shoot at anyone within the Gaza Strip that they suspect of being a member of Hamas? Around 2:30 of this video (also there's a short but without ...
BCLC's user avatar
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0 answers
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Terminology: Does a judge have a career in "litigation"? [migrated]

I'm working on a song parody, satirizing a notably litigious group of people, and have run up against a little issue of "accuracy of terminology" and "phrasing that reflects my ...
Mooning at the Beys's user avatar
1 vote
1 answer
158 views

Can the government compel a witness to testify against an accused criminal?

In a criminal trial, the 6th Amendment to the US Constitution guarantees that the accused has the right to a "compulsory process for obtaining witnesses in his favor." Meaning that a person ...
Wes Sayeed's user avatar
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-1 votes
3 answers
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Winning a lawsuit vs. criminal record

In the US, if a wife calls the police for domestic violence by her husband and charged with felony, but the husband prevails in the lawsuit because his wife was accused of perjury and fabricated ...
HelloDarkWorld's user avatar
0 votes
2 answers
162 views

Parental gun responsibility

A parent in Michigan who knowingly gives their minor child access to any gun which is used by that child to commit first-degree murder should now expect a criminal prison sentence (i.e., prison time ...
bobuhito's user avatar
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Will disabling the ABS system on a used car void the auto insurance policy on that car?

I have watched some YouTube videos on Anti-Lock Braking System (ABS) problems on cars, and some of the auto mechanics in these videos show how the ABS system on cars can be disabled by removing a fuse ...
user57467's user avatar
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36 votes
2 answers
12k views

Stealing when it is free?

There is a charity shop, which sells nothing but gives books away for free. They do accept optional donations of money, and any books donations so they have more books to give away for free. Upon ...
user5623335's user avatar
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0 votes
0 answers
45 views

Can you be prosecuted for doing something legal abroad (but that is considered illegal in your home country)? [duplicate]

Let's say you are a U.S. citizen and you go to Country X for vacation (or more specifically, with the intent to commit that crime abroad - in case that makes any difference). In Country X, it is legal ...
AlanSTACK's user avatar
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1 vote
1 answer
150 views

Is cruel and unusual punishment allowable as a voluntarily-chosen alternative to a constitutional default sentence?

Is it constitutional for a person convicted of a crime to be offered a choice between two punishments, one of which would be cruel and unusual if it were the only option, if the other poses no ...
Someone's user avatar
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9 votes
2 answers
3k views

Is intent required for genocide?

A question was recently posted, asking, Is there an... lesser charge for genocide, covering e.g. actions with the effect of destroying, in whole or in part, a national, ethnical, racial or religious ...
Someone's user avatar
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11 votes
1 answer
2k views

Is there a manslaughter version of genocide?

Snopes's article on the South Africa genocide case explains that intent is an important element of genocide. Likewise, intent is an important element of murder. But we've also invented the lesser ...
interfect's user avatar
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Dual-criminality and conduct approach?

I was reading this article published by a Spanish lawyer firm, on the topic of extradition from Spain to a requesting country. I wanted to clarify my understanding of this section, quoted below. ...
user5623335's user avatar
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2 answers
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Filing a motion - does it have to be signed?

If a lawyer wants to file a motion on behalf of his client in criminal case, does the motion have to be signed by client? by the lawyer? both? If so, can it be done electroncially?
Paul59's user avatar
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0 votes
4 answers
227 views

Is it illegal to tell others to commit crimes?

There's "conspiracy", which seems to involve cooperating on a crime, and "solicitation", which at least in some jurisdictions is written to require that specific actions ...
interfect's user avatar
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1 vote
1 answer
135 views

Blood taken from a suspect for testing

Consider the following hypothetical situation: A person is arrested and blood is taken from him. In this hypothetical situation, we have: The person who took the blood The person who transported the ...
Paul59's user avatar
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3 votes
0 answers
129 views

What is the term for the procedure used to delay an arraignment?

If a lawyer wants to delay an arraignment after a date has been set, what do they do?
Paul59's user avatar
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8 votes
1 answer
2k views

Can a judge assign a murder victim's paid counsel to represent her murderer?

A prominent Arkansas business woman hires her friend to represent her in a business dispute with an investor. 16 months later she is murdered. Her judge assigns her attorney friend to represent her ...
King James's user avatar
0 votes
1 answer
57 views

Cause of Action References to Penal Code and Violation of Civil Code in a Complaint Filed in the US

If a complaint contain multiple cause of actions (e.g., one cause of action references to the Penal Code, and another cause of action references to violation of Civil Code), is this a civil or ...
HelloDarkWorld's user avatar
0 votes
0 answers
83 views

Trump's voting rights

If I recall correctly the State of Flordia restricts a person's right to vote if convicted of certain crimes. If Donald Trump is found guilty in any of his criminal cases could he potentially no ...
Connor Lonergan's user avatar
11 votes
3 answers
12k views

Is it legal for a bank to trap you in an ATM vestibule?

In an episode of Friends, Chandler is in an ATM vestibule when a power blackout happens. The door to the vestibule automatically locks and he (and a supermodel) are trapped inside until the power ...
B. Goddard's user avatar
2 votes
0 answers
133 views

Can a land possessor distrain a trespasser's property?

A has entered B's land for lawful purposes. B commands A to leave, but B parks his ATV behind A's vehicle, obstructing its only avenue of backing out to drive away (there are three other cars parked ...
JD Montgomery's user avatar
-1 votes
2 answers
116 views

Michael Stevens on Vsauce, Laws and Causes, used a fake penny from 2027 as a demonstrative. Is it actually illegal to do that?

https://youtu.be/_WHRWLnVm_M?si=4pNg4KZgTYwbsjlE He didn't spend the penny, he just presented it before the camera. He asked if it is in fact counterfeit money if the original it is copying does not ...
R-Obsessive's user avatar
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2 votes
0 answers
96 views

Arrested in Georgia for a DUI with an out of state drivers license

It is my understanding that if you are arrested for a DUI in Georgia and you have a Georgia driver's license you have to attend a ALS hearing or having your driver's license suspended. Am I right ...
Paul59's user avatar
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2 votes
1 answer
170 views

Items that a thief wasn't expecting --- does it count as theft of that item?

In New Jersey, according to the Defense Against Porch Pirates Act (https://pub.njleg.gov/bills/2020/A4000/3870_I1.HTM), if someone steals a package that includes certain things (such as research ...
babu_babu's user avatar
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4 votes
2 answers
879 views

What are the similarities and differences between civil settlements and criminal plea deals?

Except for the type of cases in which they are used, settlements and plea deals seem quite similar. In both cases, the two parties reach an agreement, and they avoid the cost and inconvenience of a ...
Someone's user avatar
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3 votes
1 answer
89 views

When would defence agree to an agreed statement of facts?

Another answer on this site uses an "agreed statement of facts" as a device to focus the answer on the law. It includes several facts that go towards establishing the actus reus and mens rea ...
Jen's user avatar
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7 votes
2 answers
918 views

“Innocent until proven guilty” literally?

Some years ago, a police officer named Derek Chauvin was found guilty of 2nd degree murder of George Floyd. He received a sentence of about 20 years. At the time it was reported that had he been a ...
gnasher729's user avatar
18 votes
1 answer
5k views

USA - can police be criminally charged with false imprisonment for a retaliatory arrest?

For example, say a police officer arrests someone for giving them the finger. As I understand it this action is protected under the first amendment. Can any criminal charges be brought against an ...
Ameet Sharma's user avatar
17 votes
5 answers
9k views

Is it legal to take an attacker's illegal gun?

Suppose that Bob, with no justification, draws a gun¹ and aims it at Bill. This gun is illegal to possess in their jurisdiction. Bill, who was unarmed initially, manages to overpower Bob and take the ...
Someone's user avatar
  • 17k
-1 votes
1 answer
177 views

Arrested for unauthorized use of vehicle

I worked at a car dealership, and borrowed a car without the companies permission, the company filed a police report the car was stolen, I get arrested and charged with unauthorized use. Today the car ...
Dr Strange's user avatar
1 vote
2 answers
256 views

Would destroying rupees be an international offense?

In the Bill No. 174 of 2023 - "THE BHARATIYA NAGARIK SURAKSHA (SECOND) SANHITA, 2023", it is stated that: "Mischief causing loss or damage to any property or fine, or both, including ...
Jausk's user avatar
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-2 votes
1 answer
120 views

Thought experiment: What are some different ways to get the FBI to act or obtain a search warrant on a residence?

Hypothetically, across state lines, say I, discover that someone in another state is engaging in conspiracy to murder myself and someone else around me, across state lines. A thought experiment, and ...
user avatar
1 vote
0 answers
104 views

Is it legal to keep a package that was accidentally addressed to you?

When I try to research this question, all the scenarios people suggest are significantly different to my own. This is not one of those cases where a company tries to run a scam by sending someone ...
Apreche's user avatar
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