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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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1 vote
1 answer
287 views

On parole in one state but then get arrested in a different state

What happens if you are on parole in one state for a DWI but then get arrested for assault in a different state. Will the other state find out and take away your parole?
-3 votes
1 answer
56 views

Why was Trump's hush money payment considered a campaign contribution?

The argument I read online is that it's part of the "catch and kill" process that is used to benefit Trump's campaign and protect his reputation. But, there are other benefits to Trump to ...
0 votes
2 answers
214 views

How to prove that someone forged my signature on a contract that I was not aware of

How to prove that someone forged my signature on a contract that I was not aware of using DocuSign and a Per-Selected Style signature
1 vote
0 answers
141 views

Does pleading true to violation of probation requires you to plead guilty?

A defendent in Texas, was given probation with the conditions of not getting other charges. They pick up a charge, and they plead true to the violation of probation conditions due to that charge. Does ...
-4 votes
0 answers
97 views

i dont know what to do [closed]

if i was going to court on a felony charge and the prosacuter give my lawyer a letter where the state was pushing for residavist and my lawyer didnt say nothing to me just wants me to go in front of ...
2 votes
1 answer
87 views

Spanish Law regarding the use of an object in the commission of a rape?

I am doing some research into what constitutes a rape in countries around the world. This is where the male is the aggressor towards the female, to not overcomplicate my search. Assume that a woman ...
4 votes
3 answers
4k views

Can you be charged with breaking and entering if the door was open, and the owner of the property is deceased?

Imagine you were walking with a friend and you needed to change clothes. You pass by an abandoned house with a small building in the front yard, and the building door was already open. You go in the ...
1 vote
0 answers
94 views

What is the grounds for barring a 3rd party culprit defence in a criminal trial? [closed]

I read in the news that the judge in the Karen Read murder trial barred her attorneys from arguing that the victim had been killed by a third party (not the defendant). What would be the legal grounds,...
12 votes
5 answers
4k views

Is there such a thing as specific agents/officers legally pursuing international criminals across borders?

This is a continuance of this question regarding Interpol. The answer to that question left a hole; who's going to be the international pursuer in the classic, world-wide cat-and-mouse game? It is a ...
5 votes
1 answer
836 views

Can a criminal litigator introduce new evidence if it is pursuant to the veracity of a witness?

Obviously there are limits to how much evidence can be presented in court case and an attorney cannot anticipate every possible shred of evidence that he might need. For example, let's imagine that in ...
2 votes
2 answers
351 views

Is it illegal to act against the parents' wishes when taking care of a minor?

When taking care of a minor with permission of the parents, what is the legal force of any rules the parents set? For example, if I look after someone's child, and they tell me the child may not ...
-2 votes
1 answer
166 views

Is challenging an elderly American politician to take a cognitive test a violation of HIPPA law(s)?

During the Presidential Debate that took place on June 27, 2024, between Donald Trump and Joe Biden, Mr. Trump challenged President Biden to take a cognitive test to prove that he is mentally fit to ...
2 votes
1 answer
256 views

in Arizona, under which conditions must a person stop and speak with law enforcement outside of legal traffic stops

in Arizona. Are all adults required to stop and engage any law enforcement when directly or indirectly addressed by them? Are there any specific methods of making the request known that are not ...
19 votes
3 answers
4k views

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and ...
1 vote
1 answer
140 views

What is legal in retrieving stolen property?

In another forum (next door to this one), someone in my local community made the claim (paraphrased here) I encountered a person rummaging through my car and stole some things. This person took off ...
-2 votes
0 answers
209 views

Criminal repercussions for sellers of fake items

Say Rob is selling fake copies* of certain rare/collectable Christmas cards on UK eBay. The originals of these cards are issued in limited quantities by a certain well known artist every year (each ...
-4 votes
3 answers
247 views

In the Hush Money case, why was Trump not charged with the "other" crimes?

In New York law, falsifying business records (which Trump was charged with) is only a misdemeanor. However, if the falsification was done with intent to help commit or conceal a crime, then it is ...
21 votes
9 answers
13k views

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
2 votes
2 answers
202 views

Why are divination services, psychics and all that stuff not considered fraud?

Or are they fraud? Are they just tolerated? Is it that no one really has the money/time to take them to court? I am very interested in learning the rationale behind this. Any jurisdiction applies but ...
-2 votes
2 answers
223 views

If a student takes a confiscated item from teacher, is this considered theft?

I am a teacher in Florida and I confiscated an item from a student who willingly gave it to me. When I was busy working, the student took the item back without my consent. Is this considered theft of ...
8 votes
1 answer
1k views

Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?

I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
2 votes
1 answer
657 views

Understanding the Amanda Knox, Guilty Verdict for Slander

Amanda Knox is in the news again because she was re-convicted by a court in Florence, Italy, of Slandering Patrick Lumumba during a nightlong interrogation, by falsely blaming him for the murder of ...
-1 votes
2 answers
308 views

34 charges and 34 times guilty beyond reasonable doubt

Donald Trump had 34 charges against him and was found guilty beyond reasonable doubt in each single case. Is that normal or unusual? You would think that some charges have more and some have less ...
-2 votes
3 answers
308 views

How can mens rea in illegal staring be proved beyond reasonable doubt?

I saw this in London tube the other day: Intrusive staring of a sexual nature is sexual harassment and is not tolerated. See it or experience it on public transport? Always report by texting British ...
5 votes
3 answers
637 views

What is Donald Trump's crime? Why is it wrong to pay somebody money for confidentiality?

I read that the money paid by Cohen to Daniels is (allegedly) illegal. But what is illegal about it? Cohen used some housing line of credit he had. Why can't Cohen say, "Well, I helped my friend ...
-1 votes
2 answers
268 views

Can you be found guilty of a crime even if it's not you who is on trial?

If you are pressing charges against someone for assault, and during the trial against them, it is found that you are guilty of trying to kidnap their child and that's why they attacked you, could you ...
11 votes
3 answers
3k views

Under what circumstances is a legal case named "The People vs. ..."

I am intrigued by the naming of the case against Trump "The People vs. Donald Trump." As I understand it, most criminal cases are named for the jurisdiction prosecuting and the defendant. ...
-3 votes
1 answer
148 views

When a hostage is in the balance, how much is one expected to comply before they face legal trouble? [closed]

Terry the Terrorist has Holly as a Hostage at gunpoint. Bob the random Bystander happens to be there, and Terry starts making demands of him (else Terry will kill the hostage). Let's also say that ...
5 votes
3 answers
1k views

The principle of legality in criminal law, and the common law

In criminal law we find the principle of legality (and similar or subsumed principles such as nulla poena sine lege, or everything that is not forbidden is allowed, etc.). According to a prominent ...
4 votes
1 answer
368 views

Very Minor Car Collision with No Damage, Hit Car Left

Today, I tapped another car on the highway. The driver got out, and I immediately asked if he was okay. He said he had a bloody lip but that he was otherwise okay. we checked the cars for property ...
-2 votes
1 answer
157 views

A tricky question about cybercrime

Let’s say I hack into a database when I’m in America, but the database servers are physically in Iran, but to complicate it even more- the company that owns the database is European. These are just ...
0 votes
4 answers
373 views

Is a victim's testimony alone sufficient evidence to support a felony conviction?

If, for example, a woman accuses a man of harassing her, can the man be convicted of a felony and sent to prison solely on the basis of the victim's testimony as the sole witness in the case without ...
0 votes
1 answer
138 views

Remanded for a plea of Not Guilty for Reasons of Insanity?

In this scenario, someone is arrested and accused of a racism crime, for example sending racist messages through an online social media platform to another person of the same ethnicity as the offender....
-2 votes
1 answer
168 views

How many lawyers can one defendant have?

In the large-scale lawsuit against alleged "Reichsbürger" in Germany, it is reported that each defendant has 2 to 4 lawyers. Obviously, that complicates things not only for the accused, but ...
0 votes
2 answers
120 views

A matter of jurisdiction

As far as I know there are countries with extraterritorial jurisdiction when it comes to protect their citizens, so in the latter's favour. If for example a PR of Italy beats up and injures severely ...
2 votes
0 answers
117 views

Is falsification of USPS tracking information (by a USPS employee) a crime?

The United States Postal Service (USPS) provides tracking information for parcels they are handling (e.g., the delivery of an item purchased from Amazon.com). The tracking information shows how the ...
-3 votes
1 answer
157 views

Can you be charged with incitement for using reverse psychology to get someone to commit a crime?

Let's say an online service makes an unpopular business decision, and people are coming up with ways to protest the change. If I tell someone to download LOIC (a network stress testing tool that is ...
-2 votes
1 answer
122 views

Court closure incident by Judge Juan Merchan in Trump NY trial: Would this be structural error or harmless?

Yesterday, Judge Juan Merchan of the NY Supreme Court , trial division temporarily closed the court to the public by removing the press and jurors to address insolent behavior by a defense witness in ...
1 vote
1 answer
141 views

Can I physically restrain criminal in public places?

A week ago, I saw a creep crouching down outside of the womens washroom and staring inside. Can I tackle and physically restrain him until police arrives?
-2 votes
1 answer
127 views

Which law criminalises suspended/former teachers having sex with 16-year old pupils?

A UK school teacher is about to be put in jail for having sex with schoolboys, 15 and 16 years old. This question is only about the 16-year old part of the story: The jury was told that it was a ...
3 votes
2 answers
5k views

Is it illegal to pay someone to investigate another person if they're not a licensed detective?

Say Bob wants to know more about Jack, so he pays 'X' (service, company, or person) and they provide Bob will everything he asks for about the person, which could include private info (personal ...
3 votes
1 answer
210 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 ...
47 votes
2 answers
10k views

Would Trump's defence work in other courts?

Donald Trump's defence against incitement is essentially the ambiguity of his language: he never explicitly told the crowd to violently attack Congress, but he did use ambiguous words such as "...
6 votes
5 answers
5k views

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Carl wants to commit a crime. He gets input from Scarlet. Little does Carl know that Scarlet is a Scammer, and leads Carl into a scam. Under normal circumstances, Carl might press charges against ...
13 votes
3 answers
7k views

What rights does a dead body have? Can crimes be committed against one?

Say Nate the nutcase happens to find a dead body on the road. Being a nutcase, he takes the dead body, and does a bunch of "weird stuff" stuff to it (e.g. satanic rituals, maybe necrophilia, ...
-3 votes
1 answer
121 views

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant?

In Maryland, anyone can press criminal charges against another person (without any involvement of police) simply by going down to the courthouse and filing a written complaint with a judicial official ...
-2 votes
1 answer
282 views

Hung Jury - time for a retrial

Imagine a person is charged with a felony but not a particularly serious felony. Perhaps the defendant is looking at doing a few months in prison. There is a trial and most but not all members of the ...
19 votes
5 answers
5k views

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

Let’s say you’re an underwater welder with a net profit rate of $500/hour of work. The government puts you on trial for a murder you didn’t commit. The proceedings take a long time and the court is ...
4 votes
3 answers
2k views

Are there countries where the defendant has the right to be absent from their trial?

In the U.S. the Supreme Court has ruled that the defendant must be present at the start of their criminal trial in order for it to be valid. Are there countries where the defendant has the right to ...
3 votes
2 answers
293 views

At what point does a DUI begin?

(Based on a scene from TV show - 'The Rookie') A woman who is clearly drunk is walking across the road towards her car. One officer sees and says "DUI" and the other correctly points out &...

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