Questions tagged [criminal-law]

For questions about laws related to crime.

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Convicted of a crime that wasn't oringially charged - Canada

Can you be charged with one crime, but convicted on a different crime? For example, could one be charged with first degree murder, but be found guilty by a jury of second degree? Could one be charged ...
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Mayor forged hotel receipt while drunk

Our mayor forged the name, room number and signature of another councilman on a hotel bar tab. Our mayor is Benjamin Huseman. The man who he forged is Guardiola. According to a taxpayer funded ...
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7 elements of crime

Explain in detail whether illegal drug use, prostitution and gambling fit the seven elements of a crime . Include in your response whether these three crimes should be considered mala in se or mala ...
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69 views

Does this constitute reportable suspected criminal activity to FBI or local police authorities?

Suppose the following situation: Let's say while Person A was in another state, Person A's acquaintance (who we'll refer to as Jane Doe) texted him in the very late nighttime (after midnight) that ...
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1answer
44 views

Is publication of classified information enough for a journalist to be compelled to reveal sources?

Based on my research so far, the United States has a rather interesting relationship with the press. Reporter's privilege is well-established in the case law, and every state except Wyoming has shield ...
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1answer
28 views

hearing date keeps getting extended - Ukraine

Sequence of events: November 2019: Person A and Person B are caught shoplifting at a major grocery chain in Lviv December 2019 - February 2020: Deposition/Discovery happens. First hearing. They plead ...
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If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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Can someone be charged with the murder of unidentified victims?

I've been watching "Des", ITV's dramatisation of the arrest and trial of serial killer Dennis Nielsen. The police seem desperate to identify the names of the victims, despite having the ...
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1answer
67 views

What constitutes a threat

Assuming no other details are hidden, and you only have the following facts, would it be enough to classify the case as a reasonable threat? Person A and B are roommates. Person A is upset with ...
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can i record myself cooking with my camera, in the kitchen community space of the house that i rent a room at, and not be in violation of 9.73.030?

i rent a room with a few other housemates, and i was wondering if i can record myself in the kitchen cooking and not be in violation of 9.73.030 i understand that Washington State, is a two party ...
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1answer
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Does double jeopardy apply for different charges of the same case? [duplicate]

Lets say there is a serial killer who sexually assaults their victims before killing them. For the sake of argument, lets say prosecutors fail to successfully charge them with murder the first time ...
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1answer
61 views

Which parts of classical enactments division do the laws of Gortyna contain?

According to the classical scheme, modern enactments include 3 parts: hypothesis, disposition, and sanction. Is this scheme applicable to archaic laws of 7-5 BCe? For example: "if you rape a free ...
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93 views

Accused of criminal offence and then pay the fine but not convicted

Is it possible that one is accused of a criminal offence in Germany and ask to pay a fine and it was also mentioned that if the fine is paid in within the time limit the case will be discontinued and ...
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Is it legal to charge for compensation instead of reporting a crime against my company?

Suppose that it came to my attention someone had stolen from my company, or committed some other crime that only hurts my company. Is it legal for me to send a letter asking for compensation in return ...
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Blackmail is illegal. But how is that enforced pragmatically?

I am a total layman and I don't have any experience in the field of law. Please keep this in mind when responding to this question. Obviously blackmail is illegal. However, I have always wondered how ...
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1answer
89 views

Is it illegal to possess jiggler keys?

A friend of mine gave me his keys to his vehicle so I could clear off the front seat. My friend was not with me at the vehicle at this time, but I was taking a book bag from the front seat, moving it ...
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1answer
42 views

What are the possible penalties in portuguese law for kidnapping or false imprisonment?

Presumably there are custodial sentences applicable, what is the minimum and maximum length?
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63 views

Legal abbreviation: “Hal. pl. cr.”

What does the abbreviation "Hal. pl. cr." in legal reporting refer to?
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Why are police sometimes able to kill without prosecution? [duplicate]

I have seen so many stories about cops killing Black Americans (it's not just Blacks, but that is who it usually is) and I found that it is rare for them to actually go to jail. If I killed anybody, I ...
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I was racially abused at a public park. What legal actions can I take?

I was racially abused at a public park. Basically out of no where he called me a terrorist. I ignored him. After a while he came directly to me and ask me to go away and said this is Australia. The ...
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What is a store detective allowed to do?

A couple of days ago I came into contact with a store detective after a quite expensive shopping trip. The shoplifting gate-thingy went off (there's more to it but no need to drag it out) and when I ...
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51 views

If witness testimony is shown to be demonstrably unreliable, can it be stricken?

If a witness makes answers that indicate the witnesses testimony is entirely unreliable, can previous assertions of fact by the witness be stricken, or is it completely up to the jury whether to ...
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Is the New Hampshire version of a criminal threatening law defective?

In New Hampshire law, RSA 631:4 makes "Criminal Threatening" a crime. The law begins: A person is guilty of criminal threatening when: (a) By physical conduct, the person purposely places ...
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103 views

Inheritance after a homicide

I was watching a “true crime” type of TV show, which raised an interesting question (to me) regarding wills and inheritance. Here’s the scenario: An elderly wealthy man had a neighbor who was his ...
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83 views

Can we withdraw a document if the signed witness declares that he did not see the parties signed on front of his eyes?

Someone tricked me to sign a document without paying attention to content. The person also made 2 persons to sign the documents as witnesses. I want to withdraw the document, is it enough that the ...
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Thailand; relationship between defamation lawsuit and criminal defamation procedure

Bangkok Post's The Sea View Resort released a five-page statement on Saturday after news of its legal action against Wesley Barnes attracted widespread attention. The statement was posted on the ...
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Confessing for a crime which has not been committed [closed]

A person confessed to a lawyer over phone for a blackmailing (his lover)crime which he didn't commit. Will he able to file a complaint against that person only with his confession? But such crime has ...
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127 views

What are my rights if someone makes a false police report against me in Germany?

My landlord (also a business owner) in Germany where I live accused me with tons of different type of accusations because he hates me personally, and he called the police on me—at least, I think he ...
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Trump knowingly let thousands of people die from Corona; was that criminal? If yes, could he be charged (now or after his Presidency)?

The title says it all. Trump told Bob Woodward that he knew in February that the coronavirus was deadly but decided to actively and consciously deceive the public and not take decisive action to ...
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78 views

Is it legal to pick locks to gain access to an area you're allowed to be in, in Canada?

After a bit of discussion regarding my answer for this question in the Workplace Stackexchange, I got to wondering: Is it legal to pick a lock to gain access to an area you're authorized to enter in ...
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68 views

Is it legal to record your room mates, without their permission or knowledge in “community areas”?

UNITED STATES: WASHINGTON STATE: PIERCE COUNTY: TACOMA CITY hey guys, i have a question, i understand that the law right now is that you cannot legally record a phone call in Washington state without ...
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94 views

To what extent can the government saying “we won't prosecute X” be used as a defense?

Suppose the DOJ says that they won't prosecute anybody for doing X. John Doe then does X, and the DOJ prosecutes Doe for it. Can John successfully use the defense of "the DOJ said they wouldn't ...
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1answer
49 views

Does an employer have any obligation to report an employee with possible covid-19 symptoms?

Suppose you have an employee with fever during the covid-19 pandemic. Is there any law which makes mandatory to report your employee to the doctor, health authorities, or whatever for him/her to make ...
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If you want to study the basics of law, where should you start?

Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? ...
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134 views

If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?

As the title suggested. if a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime? I'd think he did, since I have seen a lot of cases where the police ...
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1answer
65 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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1answer
146 views

Could Trump be charged with a criminal offense for his actions related to the COVID-19 pandemic?

Recently Carl Bernstein called Donald Trump a "homicidal President": We are witnessing a homicidal president convening ― purposefully ― a homicidal assembly to help him get re-elected as ...
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What is the furthest point from land at sea where individual U.S. state laws apply?

I wondered to myself if there was a specific point within the 12 mile US territorial sea where individual U.S. state law ends and only federal law applies. For example, could an individual/business ...
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1answer
53 views

How are affirmative defenses of duress and necessity treated in U.S. law?

Duress and Necessity are two common law "affirmative defenses" that can be argued for acquittal of a criminal charge. However I can't find clear law or precedent for either in the United ...
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Pretending to be from the “Freedom to Breathe Agency”: impersonating an officer?

There's a woman going around claiming to be from the federal "Freedom to Breathe Agency", telling store workers that they can personally be sued for telling customers that they need to wear ...
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174 views

Can I sue my neighbor if he fired a gun and a bullet goes through my wall and almost kills me?

A neighbor two units down from me discharged a firearm inside the unit and the bullet went through both of our units and ended up in mine. If either of us had been using the bathroom we may have been ...
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93 views

Under what circumstances could laying hacker “traps” cause civil or criminal liability for non-law enforcement civilians?

The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
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200 views

Can I get in trouble for unknowingly receiving and selling stolen property?

UNITED STATES: WASHINGTON STATE: PIERCE COUNTY: TACOMA CITY My friend gifted me a bunch of useless crap, and I'm trying to sell garbage on offer up now. Can people get in trouble for unknowingly ...
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Can a vaccine be required by law?

This question came up because I read that Bolsonaro, Brazil's president, was criticized by the opposition for saying that COVID-19 vaccinations won't be mandatory. The opposition said that the vaccine ...
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69 views

Have any corporations ever been indicted for torture?

Generally when torture is discussed it's usually governments that are in the firing line. However, given the immense power in the modern world of corporations I'm curious as to whether any ...
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114 views

What exactly did Harvey Weinstein do to be convicted of rape in the third degree? [closed]

If a man puts gun to a woman's head to force her to engage in sex, that's rape in first degree. So what is rape in the third degree? https://en.wikipedia.org/wiki/Harvey_Weinstein_sexual_abuse_cases#...
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Is witchcraft legally punishable? [closed]

Suppose a witchcraft is proved to cause consequences, would it be legally punishable? I was telling to everybody that I am a sectarian and a religious fanatic. For this reason I would most likely die ...
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1answer
703 views

Can killing be “self-defense” if you are committing a crime yourself?

Kyle Rittenhouse has been charged with murder. I believe that the facts of the incident are not in dispute, because of ample video evidence: Rittenhouse was attacked, tried to escape, and when he ...
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1answer
112 views

Is it legal to prevent customers from leaving gym class early? [closed]

The following directive was issued to class participants: You may not leave class early. If you attend class you must stay for the entire class (unless there is an emergency). There are NO EXCEPTIONS ...
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1answer
88 views

What happens if a country refuses to take its citizens back?

With the covid-19 pandemic Argentina decided to establish limits for the return of its citizens and some of them could return to the country 5 months after this decision, and they had to remain for ...

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