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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127 views

Is it possible to look at illegal images legally?

There was a case in the UK a few years ago where Chris Langham, an actor, was arrested for looking at indecent images of minors. The actor's defense was that he was about to play a pedophile in a TV ...
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2answers
56 views

Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States?

Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States? Say you know someone from Wikileaks, and you read a classified ...
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4answers
152 views

What is it called when a suspect is questioned without their lawyer?

To elaborate, I know it is illegal for authorities to question a suspect when their lawyer isn’t present. Is this a crime or just illegal? If it is a crime, what is it called?
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1answer
55 views

Who is legally accountable for the action of the internal audit of a company?

Who is legally accountable for the action of the internal audit of a company in the U.S.? If the internal audit of a company doesn't do due diligence by not properly auditing the financial documents ...
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1answer
19 views

Surrogate Court for Petition of Probate New York-Last Will Date Witness

On page 1, #3 of the below form/link. I have the will. It has the date. There are no fields for printed names, witness, etc. It just has 2 signatures. One of the attorney and one I assume was the ...
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3answers
118 views

When does a warning not to talk to the police become “witness tampering”?

Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
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1answer
27 views

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments? For example, let's imagine that in a preliminary hearing before the trial has started, a cop ...
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0answers
25 views

Validity of Sec 309 of IPC (criminalization of suicide)

Section 309 of IPC (Indian Penal Code) criminalizes suicide as following — Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple ...
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4answers
190 views

How do defence lawyers get away with saying “he didn't do it” when they only can prove the uncertainty that he did?

Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
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1answer
40 views

How is the value of an item in a bundle determined in cases of theft?

Suppose someone steals a part of a sellable object (e.g. stealing a wheel from a car dealer) or one item in a bundle (e.g. taking half of a bag of donuts)? Or suppose the value of the item cannot be ...
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1answer
75 views

Can awareness of other crimes be used as part of a self-defense argument?

Daniel Perry shot and killed Garrett Foster at a protest/riot last year. What is not disputed is that Foster approached the window of Perry's car with a rifle, when Perry shot him. Could Perry's ...
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100 views

Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
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1answer
104 views

Is it a felony to drive a car that was recalled and poses a danger?

Is it a felony to drive a car that was recalled and poses a danger? Let's say a car was recalled due to faulty brakes. Is it a felony to still drive that car without having it repaired by the ...
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14 views

Do certain fishing restrictions extend beyond the EEZ?

Do certain fishing restrictions extend beyond the EEZ? https://www.fisheries.noaa.gov/new-england-mid-atlantic/recreational-fishing/recreational-fishing-regulations-species I see some limits to how ...
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1answer
92 views

Is there generally a duration after which a permission given to a person is terminated automatically?

Consider the following as an example: Jack and Sam were both 18 years old. At the time, both were good friends, and Jack has given Sam permission to use his e-mail account for sending and reading e-...
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48 views

Can a defense attorney switch the defendants in court? [duplicate]

Can a defense attorney switch the defendant in court to prove that a witness can't recognize him? (Like Saul Goodman did.) What would be the consequences?
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2answers
9k views

Can a non-citizen make a citizen's arrest in the US?

In the United States, can a non citizen make a citizen's arrest? Does this vary by state?
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42 views

Intention to commit violent domestic abuse but failing?

This is not US-specific, I'm in Europe, but more general for all Western legal systems. I just read https://en.wikipedia.org/wiki/Domestic_violence_against_men and something struck me - intention is ...
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1answer
61 views

Does a judge has the discretion to not jail someone who is guilty of having murdered someone?

Does a judge has the discretion to not jail someone who is guilty of having murdered someone? If not to what extent can he reduce a murder sentence if the verdict of the jury is guilty? I am wondering ...
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1answer
100 views

What would happen if a minor was falsely accused of being a predator by an online sting group for sexting and an investigation started? [closed]

What would happen if a minor sexted other minors online, posted offensive and outrageous things, adult porn and a sting group reported them to the police assuming they were a predator and essentially ...
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5answers
4k views

“Innocent until proven guilty” doesn't apply to bail?

How does the law reconcile the "innocent until proven guilty" principle with the treatment of those awaiting trial on criminal charges? At least in the U.S., it seems like there is a meta-...
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115 views

What are the laws for trespass in Austria? [duplicate]

Bobbi, a national or equivalent of Austria, after admitted to enter, refuses to leave from public (government) premises of Austria at the close of business hours despite having been given due notice. ...
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3answers
215 views

What are the laws for trespassing in Germany?

Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice. What laws and ...
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1answer
439 views

For what crime can you get jailed if a criminal leases you a stolen art piece? [duplicate]

What crime can you get jailed for if a criminal leases you a stolen art piece? Let's say you loan an art piece for 1 day, and then you call the authorities because you know it was stolen, can you ...
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1answer
37 views

What crimes can lead to a house arrest in Austria?

I am writing a piece of fiction in which the protagonist is put under house arrest after a bar brawl. This happens in modern-day Austria. House arrest means he is not allowed to leave the city without ...
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39 views

For the purposes of the 1963 Vienna Convention on Consular Relations, is being ordered to and appearing before a court “detention” under any charges?

As a criminally charged person before the court, are you detained or are you free to go while before the court per the order of the court to be present in a criminal hearing? International Law 1963 ...
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1answer
70 views

How is culpability determined in the following strange case?

I'm a murder mystery writer and recently I came up with an interesting idea for a murder method, but I was curious in particular legal logic behind it. Let's say two adults - Persons A and B - decided ...
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0answers
26 views

Does the statute of limitations apply when the accused is jailed in another country?

Does the statute of limitations apply when the accused is jailed in another country? Let's say the accused is jailed for 50 years and the statute of limitations is 50 years, will the accused be able ...
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0answers
23 views

Will impeachment have to precede criminal charges against the president of the US? [duplicate]

Lets say the president of the US kills a person. Would he first have to be impeached before his murder trail can begin or do criminal charges against him happen the same way as with anyone else? Or ...
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3answers
81 views

Is there a particular circumstance where the U.S. president can be tried for declaring war against another country?

Is there a particular circumstance where the U.S. president can be tried for declaring war against another country? What are the criteria for the president to be tried for declaring war? Is there even ...
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0answers
44 views

Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
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1answer
52 views

What laws/regulations/statutes must LexisNexis follow regarding opt-out privileges of certain groups

One can go to LexisNexis to suppress information. There are several options on why you want your information suppressed, but three stood-out: I am a public/elected Official I am a law enforcement ...
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1answer
64 views

Is there an exceptional situation, where leaking classified military documents is not subject to criminal prosecution?

Is there an exceptional situation, where leaking classified military documents is not subject to criminal prosecution? I am wondering if everyone who leaks classified military documents are going to ...
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1answer
967 views

Can you get sued or charged criminally for financing a group seeking to secede from the U.S. government?

Can you get sued or charged criminally for financing a group seeking to secede from the U.S. government? Let's say there's this group in Hawaii that wants to secede from the U.S. and you decide to ...
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1answer
380 views

Why is Derek Chauvin considered a predatory offender in Minnesota?

Derek Chauvin has recently been sentenced for the murder of George Floyd, and as part of the sentencing he will be required to register as a predatory offender upon release. However, Chauvin was ...
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1answer
37 views

If a crime applies extraterritorially under the Special Maritime and Territorial Jurisdiction, can it be applied when committed in a foreign country?

I’ve been finding this confusing. If Bob, a US citizen, commits a crime in country A, which is illegal extraterritorially under the Special Maritime & Territorial Jurisdiction, does this mean he ...
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4answers
4k views

Can a prosecutor hold back charges so they can try again?

Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc. Obviously, there ...
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2answers
72 views

Where can one file complaint re bribing witness and false evidence in NYC (Manhattan)? District Attorney?

A civil court case in New York City (Manhattan) is still being decided and a attorney brought these issues to the judge. During the proceedings of the trial, one side allegedly bribed witnesses and ...
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1answer
252 views

Is cub art illegal and considered Pedophilia

I was told since a friend of mine has an anthromorphic furry cub drawing, they will be charged with possession of child pornography. but it’s a drawing and not an actual child, so I’m confused…. Is ...
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4answers
78 views

Can judicial branch modify the law without showing that the law is not constitutional?

Jurisdiction is Indonesia. However, for comparison, I would love to know if this works in other countries too. I have learned that there are 2 main laws in the world. Civil and common. In both cases, ...
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1answer
65 views

Can Idaho employers ask about dismissed criminal convictions?

In California, if a person is convicted of a crime, then later has the conviction dismissed under Penal Code section 1203.4, then Labor Code section 432.7 makes it illegal for employers to ask about ...
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1answer
36 views

How can a F-2 visa holder establish a company but can't work inside the US?

As I searched about, I found that establishing a new company inside the US is allowed for everyone, but working inside the US is not allowed for certain type of visas like F-2 visa that is a student's(...
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1answer
45 views

Under article 128 of Narcotic law in Indonesia, Users are protected from being charged under what laws?

http://www.flevin.com/id/lgso/translations/JICA%20Mirror/english/4868_UU_35_2009_e.html Article 128 (3) Narcotics addicts that are old enough as referred to in Article 55 paragraph (2) are currently ...
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1answer
111 views

What is the legal basis under US law for prisoner swaps with Russia?

In 2010, the USA and Russia agreed to exchange prisoners. The political basis for such agreements is clear, but how does it work legally? Is there a formal agreement in international law between the ...
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4answers
479 views

Why isn't double jeopardy overruled by new conclusive evidence?

I came across a murder case where the person was acquitted and evidence came out after the trial that she was guilty but she wasn't retried because of double jeopardy. The justice system is supposed ...
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2answers
271 views

Bob dies because Eve chose not to be vaccinated, is this a crime?

Bob is a clinically vulnerable adult that has a weak immune system. Eve is one of Bob's friends. Eve has been offered a vaccine for a widely spread and contagious disease that has the potential to ...
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1answer
105 views

Crime records as a minor, does it affect sentencing as an adult?

Are crimes as minor, especially felonies, kept in your records? And would they affect your sentencing as an adult? I am not asking about a specific jurisdiction, I just want to have a general idea.
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2answers
384 views

What is the age of consent in Indonesia? 15 or 18?

I found this question on a forum https://www.livinginindonesiaforum.org/forum/general/laws-visas-money-matters-and-documents/52502-age-of-consent Wikipedia says 15. However, Article 82 child ...
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2answers
136 views

A Lawyer recieves an unintended letter from a client. Is it privileged?

This is based on a situation in a mystery novel. In the novel a lawyer receives an envelope addressed to him by a client, in the client's handwriting, which the lawyer knows well. But the letter ...
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1answer
67 views

DUI Charges in America

Suppose a person falls below the legal BAC limit for a state in the USA (say the limit is 0.08%). Can the person still be charged with a crime? Are police officers required to put handcuffs on anyone ...

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