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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What is the mens rea of being a common scold?

The obsolete offence of being a common scold is somewhat quaintly described by Blackstone (IV:13.5.8, p. 169) as Lastly, a common scold, communis rixatrix, (for our law-latin confines it to the ...
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Warrants and avoiding jail

Is there a way to take care of a warrant without being arrested if there is an amount attached to the warrant for unpaid fine?
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LSAT questions help needed, where to ask?

Where can I ask questions when I need help with the Law School Admission Test (LSAT)? I am trying to practice LSAT questions and I have some problems with it.
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LSAT question HELP NEEDED [closed]

please explain the answer. i chose option c but the answer is option e
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Can the same person be charged multiple times for the same crime?

An example of this is, let's say someone is accused of animal cruelty (misdemeanor) and has 10 animals involved, would it be fair to charge this person with 10 counts of cruelty to animals? Even ...
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GP and moving documents UK

In the UK, GP's are supposed to record all letters, communications from an outside source about a patient in their medical records. Suppose a GP records a document as coming, say, one year later than ...
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Would Ukraine humanitarian scammers be commiting war crimes?

A cambridge article has an abstract reading as Impeding humanitarian access and the starving of civilians is prohibited under international humanitarian law in times of both international and non-...
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What happens if you are convicted and put on probation in a state you don't live in?

How is probation handled when the offender commits a crime in one state, but lives in another? For example - a DUI usually does not involve a jail/prison sentence, but probation. While on vacation in ...
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Is there any criminal implication of falsifying documents demanded by a private party?

I typically imagine fraud as largely a civil affair for which one defrauded party may sue and pursue civil remedies against the fraudulent one. And obviously falsifying official documents typically ...
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Can Tunisia prosecute for crimes committed outside its territory?

I was doing some research into extradition recently, having been inspired by The Great Train Robbery. Since the story involved extradition of British nationals, that committed a crime within the UK, I ...
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What would be considered entrapment by UC?

When it comes to undercover operations and undercover cops (UC), what is considered entrapment and how “far” are UC allowed to go? Scenario 1: UC approaches a suspected dealer and asks to buy drugs. ...
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Can someone be convicted of possessing/distributing illegal pornography if no evidence can be found in search/seize?

In this hypothetical, let’s say there are four people living in a family home, and all people share the same IP, but not computers. Person A has engaged in a one-time illegal online activity that has ...
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Accusing for sex offenders [closed]

Can someone register your phone number in a sex offenders list without no proof is this illegal because I’m trying to sue them
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How could the Russian government (legally) send Griner to prison even if she is acquitted?

According to the BBC Ms Griner has been held in Russia since her 17 February arrest at Moscow's Sheremetyevo airport after cannabis oil was allegedly found in her luggage. She is currently on trial ...
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Is discussing sexually explicit content in public a crime?

I am curious as to whether there is any prohibition, in England & Wales, on discussing sexual content in public. The public location could include a street outside, or perhaps an office ...
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What is the difference between S4 S4a & S5 public order offences?

Please explain the differences between these three similar but distinct offences.
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Is everyone who is acquitted in a criminal trial "acquitted with prejudice"?

If someone is charged with a crime, acquitted, then charged again for the same crime, that is unconstitutional double jeopardy. Since when a lawsuit is dismissed with prejudice, it means the plaintiff ...
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Can a judge acquit an obviously innocent person who insists on a jury trial?

Jane Doe is charged with a crime. She is obviously innocent, but in court, she insists on a jury trial. Can a judge ignore her demand and acquit her without a jury?
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UK law: party to conspiracy to pervert justice?

Suppose that some firm has two managers of equal status and one manager perverts the course of justice by supplying false information to a solicitor. If the second manager becomes aware of this, but ...
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Laundering between different jurisdictions

Is money laundered outside the U.S. in a country with which the U.S. does not have an extradition treaty illegal in the U.S.? In this matter, I do not mean that a country will ask the United States to ...
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UK: perverting the course of justice and employment tribunals

Suppose a person in the UK takes his/her employer to an Employment Tribunal. Some time after, the person finds that the employer fabricated evidence that was important to the outcome of the case. Can ...
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What is punishment (if any) for making another adult involuntary intoxicated with alcohol, no other actions and injury, USA?

I've tried to goggle, I only find intoxication defense. I'm interested what is punishment (if any) for making another involuntary intoxicated with alcohol knowing it was alcohol and the goal was to ...
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Operationalizing the definition of "dating relationship" in federal US domestic violence law

I read in the New York Times that the US Congress is trying to fix the "Boyfriend loophole" in gun purchase restriction laws after domestic violence convictions. They note that individuals ...
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Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?

A famous political cartoon from 1798 by Richard Newton claims that farting on a picture of the British monarch would be prosecutable as "TREASON!!!" (caps and multiple exclamation marks in ...
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How are plea bargains legal?

The constitution says: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury... Not: The Trial of all Crimes, except in Cases of Impeachment or with the consent of the accused, ...
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Is knowledge of someone owning a firearm enough for police action/prosecution?

Bob and Eve are work colleagues. Eve owns an unlicensed firearm, which could be illegal, be that a pistol, rifle or a shotgun. Eve mentions that she owns such a weapon to Bob. Bob is concerned for his ...
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What capital offences were repealed in Canada as of 2022?

In Canada, what offences specified death as a possible punishment but were repealed while death was still specified as a penalty? Or are there none? Specifically, I want to know the set S (which could ...
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Is it criminal to threaten suicide, or to have thoughts of suicide?

Psychiatric doctrine asserts entitlement to incarcerate someone on grounds of the bogeymen of suicidal and homicidal ideations. This is arguably a bit rich, because suicide and homicide are both ...
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If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?

Let's imagine a guy Bob. Bob has no citizenship (stateless). Bob ended up on a land that doesn't belong to any country (Bir Tawil). Bob commited a particular crime (let's say, he murdered another ...
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A dual civil lawsuit & criminal case

This one pertains to Canadian Law: Can one have a case in which an employee for a company performed an act in malice that caused injury to a party. Then that party puts forward a criminal case against ...
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What offences are punishable by death in Canada in 2022?

Summary It is possible to charge with, convict of, and sentence for serious offences at any time, even 120 years later. The punishment is determined by checking the punishment at two points in time: ...
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Recklessly endangering the English public by throwing objects

Is it a criminal offence to recklessly endanger the English public by throwing objects? For example, throwing bottles or bricks over the wall of a multi-storey car park. This particularly applies if ...
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Sentencing guidelines for Regulation of Investigatory Powers Act 2000 (RIPA)

I have read into section 49 of the Regulation of Investigatory Powers Act 2000 (RIPA) which can demand suspects surrender passwords for encrypted devices, and section 53 makes it an offence not to do ...
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Is it true that a teacher can't engage/attack a shooter from behind during a school shooting that is in progress?

I have a cousin who is a teacher and a few years ago we had a long discussion about school shootings and part of this discussion was about what teachers can and cannot do during a school shooting that ...
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In England & Wales, is self-harm a legal defence to possessing a bladed object?

Buried in this BBC article is the following paragraph about a girl caught in public possessing a blade which she used to self-harm: [The girl] later appeared in court accused of possession of a ...
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Double indictment for the same act

Say a murder is committed. The DA indicts someone, who is tried, and found not guilty by a jury of his peers. Is it possible that after some more police investigations, the DA can then indict a second ...
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Summary-only offence time limits

I was reading about Summary only offences here, focusing on the England & Wales jurisdiction, where the general rule is a six months statute of limitations. The general rule for time bars on ...
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Find case law for Acts of Parliament

I am new to the field of law, focusing on common law (criminal only) in the jurisdiction of England & Wales. I have searched the government legislation website for various acts, in this case the ...
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Woman harrassment at Corporate workplace [closed]

Can a criminal case be filed for the following information provided below against the Top management of the corporate and against immediate supervisor whom she was reporting to with FIR at the police ...
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4 answers
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The spectrum of legality

I've always envisioned "legality" as a spectrum, with the label of completely illegal at one end, and the label of strictly legal at the other end. In the middle, I see different levels of ...
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1 answer
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Could a person be convicted for violating the US Flag Code?

If I understand the US Flag Code correctly, it is a federal law which prohibits certain actions, but does not allow any penalty for violations. Could a person technically be convicted under the Flag ...
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5 votes
3 answers
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What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
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25 votes
6 answers
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Can you be punished for planning a crime and what constitutes "planning"?

I just read a different question here on Law.SE that asked something along the lines of "Would it be illegal to do XYZ? I want to do this, but I'm not sure if it's legal." So, that seems ...
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Is it blackmail to menace someone with reporting them to an authority if they don't comply?

Under the Crimes Act (Vic) https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s87.html it mentions that you cannot menace someone in order to obtain some benefit or to cause ...
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If a company tells you to commit billing fraud, what might be the consequences for doing so?

If a company tells you to commit billing fraud, what might be the consequences for doing so? Let's say you committed billing fraud, because the company told you to do so. Do you have to pay the amount ...
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Legality of "counter-blackmailing" with calling/reporting to the police

Is there an exemption to the illegality of blackmailing if that blackmailing is of the sort "if you don't stop blackmailing me, I will call the police"? Why am I asking this exactly? A more ...
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Explicit images sent to children

I know that explicit images of minors are illegal, as it constitutes child pornography. However, is it illegal for a child to consentingly receive explicit photos from an adult?
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Is a recorded telephone conversation admissible evidence if someone is being told the conversation is not being recorded?

Given the situation in which person A is recording a telephone conversation with person B, if person B asks person A if the conversation is being recorded and person A says ‘no’, is the conversation ...
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-2 votes
2 answers
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In 2011 two 14-year-old girls held an 11-year-old boy down and stripped him completely naked

The girls then uploaded a video of him being held down naked to Youtube and they weren't prosecuted, why is this? https://web.archive.org/web/20110604124555/https://www.winknews.com/Local-Florida/2011-...
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Am I responsible for accidental damage done by an electrician?

If I hire an electrician to do some job, and he caused a fire at the house. Am I also somehow legally responsible for the accident because I hired him and not another electrician, who might have been ...
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