Questions tagged [criminal-law]

For questions about laws related to crime.

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2
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2answers
79 views

Can a country put a foreign criminal on trial, without catching them?

I'm thinking about a few scenarios here. One scenario is a Pablo Escobar scenario, or a Don Eladio scenario if you're a BCS fan like myself: A drug kingpin operating outside the United States, ...
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4answers
57 views

Why is a jury trial more often used in criminal, rather than civil trails, in many countries?

This is the case in most common law countries. What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?
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2answers
166 views

Should I retain a criminal defense lawyer just in case?

Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison ...
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1answer
40 views

If defendants can be charged for both the attempted and completed offences, why prefer to indict just the completed offence?

I'm assuming "preferment" means preference, but I don't understand it. s 6(4) assumes that Defendant completed the offence. Why would've Defendant been charged with just the attempted ...
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0answers
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How does s 1(3) of the Criminal Attempts Act explain the conclusion in Pace and Rogers that suspicion wasn't enough for that impossible attempt?

Below I boldened that sentence questioned in the title, and excerpted the fact patterns of the two cases. Please apprise me if you need any more quotations from these cases. All quotes from Herring, ...
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2answers
56 views

How does Theft Act 1968 s 4 exclude trade secrets?

Information Information is not property. In Oxford v Moss10 a civil engineering student copied an examination paper and then returned it.11 The Court of Appeal quashed a conviction for theft as ...
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1answer
136 views
+100

Is it illegal for criminal defendant to approach the prosecution witnesses?

Is there any law that prevents criminal defendants (where they are remanded at large or on bail without corresponding conditions) or their lawyers from talking to the prosecution witnesses? I note ...
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0answers
22 views

What determines whether a mistake is fundamental and ownership passes?

This textbook doesn't expound how to determine whether a mistake is fundamental enough. Assume that A and D mightn't have contracted. Under section 5(4) of the Theft Act 1968: Where a person gets ...
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0answers
75 views

A friend needs help. Sexting overseas with minor [closed]

A friend of mine sent a nude photo to someone he didn’t know was under 18. He is 19 and she is 17. The girl asked for a nude photo and he sent one moments later. He didn’t know her age at all. She ...
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1answer
56 views

Question about recorded conversations

I have security cameras all around the house and a few inside. The ones inside are able to record audio. If someone knows and is aware of the cameras when entering my home, am I able to use recorded ...
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1answer
53 views

Technical securities and commodities law question (United States)

I have a question about the intersection of technical math as it relates to capital and commodities markets with technical law. It asks, "At what point, if any, would a crime be committed?" ...
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0answers
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How and when does one raise the question of ineffective assistance of counsel in Texas criminal cases?l courts? [closed]

I was charged with assault causing bodily injury to a family member. A class A misdemeanor in Texas. I was appointed an attorney by the court. We took it trial, where I was found guilty by 6 person ...
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1answer
176 views

Does self defense apply if you bait the person?

Here's the situation. There's a disagreement between two individuals, Bob and Dave. Bob decides to get a gun, and then proceeds to taunt Dave. Dave becomes angry starts yelling, Dave intends to kill ...
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2answers
2k views

Can the accused change their mind about testifying mid-trial? USA criminal law

As I understand it, under US criminal law, a defendant may decline to testify in their own trial. Suppose a defendant elects to testify in their own trial but decides that it is no longer in their ...
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1answer
151 views

Can I pretend to be a child to expose a predator?

Someone I know has been victimized by a predator in their youth. The things they did were awful. This person was young and felt ashamed and confused and deleted all the evidence. They are now trying ...
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4answers
158 views

Would a prisoner be allowed to practice law and represent other inmates in court?

Would a prisoner be allowed to practice law and represent other inmates in court, and shown in For Life (2020)? According to the story, when he got to prison, he went to work for the paralegal ...
20
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1answer
5k views

Is it legal to forge a Permission to Attack during a physical penetration test engagement?

When doing penetration testing (hired as a security consultant to examine and test a company's security by simulating an attacker), it's necessary to have a document called "Permission to Attack&...
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2answers
9k 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 "...
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0answers
58 views

Discovery question

In a criminal trial (DV related), can the prosecutor bring evidence into trial (such as text messages) without sharing them in discovery first? I assume that's a no-go?
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4answers
2k views

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender?

A male-to-female transgender meets a male partner, but does not tell the partner about being transgender. Thus, the male partner believes the transgender is a (cis-gender) woman, and they have sex. If ...
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0answers
48 views

In US what is the difference between “Involuntary Manslaughter” and “Depraved-heart murder”?

From what I read it seems that "Involuntary Manslaughter" can result from recklessness, while "Depraved-heart murder" is caused by indifference. But in this case, isn't it the same ...
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0answers
83 views

How do sexting laws work in the Netherlands?

I've noticed that in some countries the definition of child pornography varies. For example, in Canada, where if a conversation is private between people of a very small age gap and there is never any ...
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1answer
142 views

Powers of Entry when it is summary-only offence

I was watching this YouTube video by Crimebodge. At 10:10 he explains that the police only have powers of entry to arrest somebody for indictable offences (like rape), and not for summary offences (...
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2answers
140 views

Why are juries full of unprofessionals? [closed]

Why should we have juries filled with people who know nothing about the law? I live in the US, and here it is a civic duty to serve on jury as a citizen of America. This means that they aren't looking ...
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2answers
170 views

International sexting between two minors - Text only

A 12-year-old living in the U.S. "sexted" with a 14-year-old in Sweden. Was any crime committed? Are there possible legal consequences for either child having engaged in that act?
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2answers
170 views

Keeping children away from an ex-convict legally required?

Are there laws that prevent a minor under your protection from staying with a person who you suspect is a pedophile, if you believe they are not likely to be abusive? Assume that said minor is adamant ...
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0answers
44 views

Why are inmates allowed access to the internet and communications with the outside world? [migrated]

Currently, there is someone known as the "Tiger King" serving in federal prison for twice attempting to hire a hitman to kill someone. He has access to twitter and other social media. Given ...
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3answers
96 views

Where are you prosecuted?

I thought if you committed a crime in a certain state you were tried in that state. Maybe in a state court, maybe in a Federal court. Do I have this right? Recently, there is talk about prosecuting ...
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9answers
4k 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 ...
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2answers
127 views

Blackmailing from Germany [closed]

I don’t know from where I should start but I am from Arabic Sudan and my Ex BF who lives in Germany is blackmailing me with private photos and videos he threat that he with post all over and send it ...
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1answer
40 views

Conflicting different country laws when browsing the Internet, as you connect to servers worldwide [duplicate]

When a user browses the Internet, downloads or views content and websites, which law are they under, the law from its own country, from where they are browsing the Internet, or the law from the ...
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4answers
3k views

Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?

Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...
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1answer
131 views

Child Sexual abuse - can you jail person just based on what child said?

I heard this case and got interested. Relative of my acquintance got jailed because of child sexual abuse (child aged 8-9). But here is what confuses me. There is no proof whatsoever about this, no ...
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0answers
30 views

What contributing factors would make the Florida “gain time” bill be signed into law in 2021? [migrated]

A.) Are there contributing factors that would effect whether the Florida “gain time” bill will be passed by the House in 2021? Is so, what are they at this current time? I heard that some House ...
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3answers
6k views

Is attempted murder the same charge regardless of damage done?

Scenario 1: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and misses Joe by 1 inch. Joe is fine physically. Scenario 2: Bob points a gun at Joe's head, says "...
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0answers
54 views

What are UK rules on written material that is sexually explicit?

D is an adult who writes sexually explicit fan fiction which D posts to Tumblr and Archive Of Our Own. D always marks such writing as 18+ only and warns minors not to read or interact. The fan fiction ...
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1answer
71 views

Is it possible for lawyers defend you in a Civil-legal-system?

I have seen solicitors and in turn barristers defend people in Common Law jurisdictions, but from my understanding this should be much harder to do in a Civil-legal-system because it is so rigid. I ...
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1answer
73 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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2answers
99 views

What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests. This seems insane to me, which makes me think there is more to this story. ...
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3answers
523 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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2answers
2k 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 ...
6
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3answers
620 views

If police collected evidence based off of a call they suspected, but couldn't prove, was fraudulant would the evidence be upheld?

I'm asking this hypothetical situation mostly as I was considering writing a story with the premise and want the story to be legally accurate, but also because I'm frankly curious how the law would ...
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6answers
6k views

“attempted murder” of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an ...
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4answers
4k views

How does the U.S. or Canadian government prevent the average joe from obtaining dimethylmercury for murder?

Arguably, using dimethylmercury is the perfect murder weapon as it is the hardest to trace since lethal symptoms occur only after 5 months on initial contact (rapidly absorbed through the skin), ...
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5answers
11k views

Why are private game servers illegal?

Over on Arqade we were discussing a question which was asking about private servers for a game called World of Warcraft. The discussion was about if using and/or hosting a private server is illegal ...
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1answer
39 views

CAN-SPAM Act - Commercial Advertisement or Promotion

CAN SPAM Act requires telling your email recipients where you're located: Your message must include your valid physical postal address. This can be your current street address, a post office box you’...
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2answers
149 views

Hypothetical: If a thief gives the stolen money away [duplicate]

If a thief gives all the stolen money to their friend/family/charitable organization/etc. who has no idea that the money is stolen, and he gets caught, can the money be taken back? I know that if the ...
8
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3answers
350 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
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3answers
2k views

When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
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1answer
176 views

Could I create doubt of a crime by having multuple people suggest, but not actually claim, that they were the murderer?

Let's say hypothetically I'm a member of some gang and just killed a member of a rival gang. I've been accused of murder and taken to trail. My fellow gang members want to help me get off, but not ...

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