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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
41 views

Could You Indict a Computer?

I would have thought this would've been asked already, but I searched this site and the Internet, and I couldn't find anything. Apologies if this is a duplicate. As computers become increasingly ...
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0answers
14 views

Weighing civil action versus referring to DA

I'm a Limited Partner in three partnerships, and I have recently discovered, by way of analyzing years of the partnerships' federal tax returns, that there is substantial financial wrongdoing by the ...
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0answers
73 views

What can a parent do with a child's birth certificate?

In particular, anything harmful? I'm (legal adult) aware it's a gateway to obtaining other forms of identification such as SSN and Passport, but doubt s/he can do it with a birth certificate alone. ...
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52 views

Is it legal to create and sell a tool to modify config files for games

I've recently discovered an oversight in a popular games config file system that allows you to use an item even if you haven't yet unlocked it, this is a multiplayer game where players are expected to ...
2
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0answers
56 views

Why are in-house counsels not allowed to defend a defendant?

In the last John Gotti trial, the prosecutors successfully argued Bruce Cutler was an in-house counselor for John Gotti. The result was Cutler was not allowed to defend John Gotti at trial. Why are ...
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2answers
72 views

Legal consequences and conviction for celebrities

I know that may be this present question can show a little bit of naivety and the answer can be somehow obvious and trivial, but since I'm not sure about these issues, I'll be asking it anyway. Are ...
2
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0answers
62 views

Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...
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24 views

Foreign Fighter Classification \ Jurisdiction

Two British nationals are alleged to have executed Americans under the guise of ISIL and are in American military custody. Assume that the suspects remain in American custody and are not transferred ...
1
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1answer
76 views

Can police charge someone with a misdemeanor in the total absence of evidence?

In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
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39 views

Home building inside my property

By the metal roof that matches my home, Next door people say heating comes into their side. what should I do for that
4
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1answer
127 views

Is it Illegal to shred Sheriff's department records in Georgia?

A recent New Yorker Article describes an incoming sheriff, replacing an old (corrupt) sheriff on his first day: "when he unlocked the doors to the sheriff’s office on his first day on the job, ...
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0answers
55 views

Is There a law in place to treat neighbors as distressing

Is There a law in place to treat neighbors as distressing? There are a lot of people who use words and actions that are meant to cause depression. Is there any legal action against those who use ...
1
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1answer
80 views

Would it be legal to change the functionality of your own software to do something apparently malicious if fullly documented?

This topic came up when discussing the infamous left-pad disaster from awhile back. To give a brief summary the author of a small package hosted on the npm repository that numerous other packages had ...
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1answer
66 views

Is it criminal to surveille women as per the Lindberg?

https://pulse.ncpolicywatch.org/2019/10/03/investigation-greg-lindberg-paid-for-spying-compilation-of-dossiers-on-women-in-whom-he-was-interested/ Is it criminal to surveille women as per the ...
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1answer
55 views

Although there are conflicting claims about what happened on June 4th, 1989 in Tiananmen Square

... the government of China doesn't claim that nothing happened. There is an official narrative, including the claim that soldiers working for the government of China were victims of protesters. ...
2
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57 views

What exactly is “Bodily Harm” and (how) does it differ from actual bodily harm?

I'm trying to understand the following statement (which is section 53 of the Crimes Act 1961 in New Zealand, bolding mine) - "Every one in peaceable possession of any movable thing under a claim ...
4
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2answers
380 views

Could vigilante anti paedophile sting operations actually result in a conviction?

There is a lot in the news in Ireland currently about vigilante groups posing as children online in order to catch paedophiles "grooming" and ultimately meeting with the fictional child, which turns ...
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2answers
251 views

Is my record still clean?

Imagine this hypothetical: I was in fight with a male relative and I hit him on the back in front of officer, (who came because the neighbor was reported for screaming). The officer grabbed my arm, ...
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0answers
57 views

Is it legal to OWN a machete in New Jersey? (Decor purposes only)

I bought a machete online about 2 hours ago because I thought it looked cool and I figured it would be nice to display it on my wall. I have no intentions to carry it, use it for illegal purposes, or ...
6
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4answers
2k views

What crime has someone committed if they “kill” someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
2
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3answers
193 views

What is the effect of a law which relies on false statements?

Under the Firearms Act of Canada, the SVD Dragunov is banned as a variant of the AK-47. The SVD is a completely different design which shares no important parts (a single screw in the buttstock), and ...
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66 views

Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
3
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3answers
789 views

Who has authority to determine whether death was natural, accidental, suicidal, or homicidal?

My understanding is that generally (and in broad strokes) it is the responsibility and authority of a jurisdiction's Coroner (a.k.a. Medical Examiner) to determine the cause and manner of any death ...
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3answers
127 views

s 4(3) Theft Act 1968 — Why is picking wild produce on another person's land not theft?

I don't understand this law. Surmise that a I don't understand this law. Surmise that a wild berry shrub grows on my back yard that's unfenced. I don't cultivate it or do anything – no watering. I ...
2
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1answer
35 views

reduce into possession

'reduced into possession' isn't just worded for animals. 'reduce' here doesn't feel like ordinary meaning. What does it mean? I quote Etymonline because legalese can deceivingly use common words ...
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70 views

“if the defendant had acted as he ought, the victim would not have suffered” vs. “there's evidence that the victim might not have suffered the harm”

I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2? Isn't "the defendant had acted as he ought" "...
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1answer
29 views

Offences Against the Person Act 1861 — How is Section 18 , in at least one respect broader than Section 20?

I don't understand the bold text in the OATPA 1861. How is s. 18 "in at least one respect, broader than section 20"? Are there more respects than just "one respect"? How many exactly? What are they? ...
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0answers
7 views

Offences Against the Person Act 1861 — How's s 47 “in at least one respect, the narrowest offence of” ss 18, 20, 47? [duplicate]

I don't ken the emboldening. Here's the OATPA 1861. How's s.47 "in at least one respect, the narrowest offence of" ss. 18, 20, 47? Are there more respects than just "one respect"? How many exactly? ...
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0answers
27 views

How does 'assault' mean 'assault or battery'?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 320. The quote of s. 57 below accurately just annunciates "assault" (green). Thus was author wrong to write "assault or battery" (...
2
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2answers
281 views

Is Intentional Immaterial Fraud Legal?

Normally, an element of the tort of fraudulent misrepresentation, the tort of negligent misrepresentation, statutory securities fraud offenses, and a criminal fraud offense based upon a ...
3
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1answer
124 views

Can a soldier enforce federal law?

I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped ...
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7 views

Providing an address list app and Privacy Policy Issues

I'm building an app which provides an avenue for users to store information on people particularly addresses and country of origin. The app will be an online service where all data are stored in our ...
1
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2answers
115 views

Is peer-to-peer drug dealing illegal for the developer?

If a developer were to develop a distributed web app which essentially connected drug dealers to clients in the physical world, what would the legal ramifications be for the developer? Details ...
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27 views

Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
1
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1answer
124 views

Which laws apply on the world wide web?

This might be a very widely scoped question. I suspect by using common sense, that each country has different laws that might apply on internet use in that specific country. But nevertheless, I'm ...
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2answers
145 views

Do firefighters contitute a legislative power?

According to this article ref here, ref here, ref here and ref here: ...History has just been made, as the first legislative body in the country officially announces their support for reopening ...
1
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1answer
439 views

Are there laws regarding boarding cruise ships while at sea?

I don't know the technical term for it, but some people actually have told me a thing exists where people board cruise ships from the middle of the sea without paying. Given that there's no jail/...
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2answers
59 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
0
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1answer
89 views

Ability to Assist an Injured Officer (USA)?

Related Suppose Bob is walking down the street, and finds an injured LEO, who is attempting to shoot a third person, let's call him Charlie. The officer is too injured to complete this action (can't ...
0
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1answer
2k views

Trespass Warrant

If I invite my HOA neighbors to my business conference room and one becomes unruly, I will ask him / her to leave. The conference room property belongs to my family. If the disinvited refuse to ...
2
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3answers
261 views

Can a couple be charged for spending $120,000 deposited to their bank account in error?

A couple is being charged for spending $120,000 which was deposited to their account in error. This is in Pennsylvania, USA. The facts are presented as follows: One day, couple wakes up to $120,000 ...
0
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2answers
68 views

Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
5
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3answers
670 views

Why don't US prosecutors press for imprisonment for crime in the banking industry?

In this article by The Guardian published two days ago they report: RBS bankers joked about destroying the US housing market after making millions by trading loans that staff described as "total ...
2
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2answers
307 views

How can I report Fake News with deceptive misleading statements?

Jessica Nabongo is an "influencer" on the popular social media apps instagram, twitter, and Facebook. She marketed herself as attempting to be the first black woman to visit every country. Her "...
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1answer
1k views

Can you be legally compelled to disclose your password in a criminal investigation? [duplicate]

Let's say you use encryption on your computer, and you've been arrested. The police believe there is evidence on your computer, and have seized the computer via a warrant. The police cannot extract ...
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2answers
42 views

Scenario in which a person sues an other living in an another European country

I asked a question about a specific scenario a few days ago, but given that the question has been deemed somehow discriminatory against a gender, suspicious (I honestly don't know why!?!?!), I'm going ...
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1answer
57 views

Issues with a Guilty Plea [closed]

If I agreed to plead guilty to a charge and after pleading guilty the courts impose on me that I plead guilty to the actual crime, then what rights do I have in this case? Can they charge me with an ...
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1answer
105 views

Running from the police

If an officer pulls a car over and I get out start running, the officer ends up hurting himself, can I be charged with a felony and how much jail time if any?
0
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1answer
42 views

Can involvement of third party be a factor lowering culpability and leading to non-prosecution decision?

A person I know (she lives in Maryland) was a victim of a minor assault where she was pushed around and her face grasped. Thankfully she did not suffer bodily harm. The two assailants admitted the ...
2
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1answer
107 views

Freedom to travel

So in the state of California in Napa county, a 19-year-old male was hanging out with a 15-year-old girl. They were thought to be caught in a sexual act. after they were taken into questioning and ...