Questions tagged [criminal-law]

For questions about laws related to crime.

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2answers
61 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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2answers
362 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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1answer
2k views

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned?

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned? For example, if a defendant is indicted on a charge of manslaughter can the jury convict him of murder?
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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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2answers
93 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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1answer
50 views

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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1answer
66 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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2answers
98 views

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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Ben Crump | Why is he being chosen in all shootings related to African-American that go viral? [closed]

I have been seeing recent news and for all three cases of police shootings pertaining to Geroge Floyd, Breonna Taylor and Jacob Blake. First George Floyd was being represented by Ben Crump, then Jacob ...
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1answer
58 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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1answer
91 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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6answers
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What options does a lawyer have if a client admits he is guilty but doesn't want to admit it to the court?

This question is inspired by this question. If a client tells his lawyer he is guilty of the crime but does not want to admit it to the judge, what options does the lawyer have? Must the lawyer admit ...
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1answer
80 views

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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1answer
47 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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1answer
533 views

Compensation for custody awaiting trial resulting in acquittal?

I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to ...
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3answers
127 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
98 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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1answer
63 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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2answers
158 views

Can lifeboat passengers claim the necessity defense if they are charged with murder for cannibalism?

Suppose a ship at sea suddenly develops problems and the passengers are put into life boats. One boat carrying 20 people gets lost. After 8 days without food and water, the passengers decide to kill ...
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1k views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
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2answers
983 views

Told by police that I'm being detained. No probable cause or statute/law given. Am I free to leave?

I recently watched this video on YouTube: https://www.youtube.com/watch?v=FSJTxalznxE It's of a man open carrying a shotgun and filming from a public street. Nothing he did was illegal which later in ...
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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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3answers
7k views

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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1answer
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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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1answer
257 views

In Germany, is there a reward for reporting possible tax fraudsters or money launderers to the authorities?

I could well be wrong and I don't want to go into specifics here, but... Let's assume I know of a business that in reality generates a few hundred thousand euros in revenue and yet shows a P+L with ...
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3answers
607 views

Borrowing from a relative or friend without documentary evidence — is it money laundering?

Suppose a person borrows money from a relative or friend, say, 10 million USD, without documentary evidence — the transaction is purely based on trust and cultural norms. If the borrower invests the ...
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1answer
110 views

Why wasn't Acosta arrested on conspiracy charges and/or the obstruction of justice?

In the Jeffrey Epstain case in which a pyramid scheme of international sex trafficking and abuse came to light, the FBI filed a fifty three page indictment in June 2007. However, the then Attorney-...
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165 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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3answers
185 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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90 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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Does killing witnesses before trial suppress them?

If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant? For example, if sworn ...
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4answers
9k views

At what point does refusal to report a crime make one an accomplice to a crime?

This is a question out of curiosity only, indirectly inspired by my last question post. I'm wondering at what point not reporting a crime is itself a crime. I know that if someone happens to witness ...
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2answers
6k views

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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1answer
112 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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1answer
65 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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Where can i find laws in the U.S with low max sentence?

I am an illegal immigrant in the U.S. I recently seen had a friend who got deported for violating a small crime and when they took him down to jail to serve a few days they looked into his background ...
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2answers
83 views

Was it legal for the US government to torture detainees?

After the events of 9/11 the Bush administration started torturing (by international standards of the word) people suspected of terrorism. For example "enhanced interrogation" was used which ...
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179 views

Criminal record expungement in Texas

In 2010, I was arrested and charged with felony evading arrest/detention with a motor vehicle. This is a state jail felony in Texas. The charge was later reduced from a state jail felony to a Class A ...
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Is it legal for me to prototype simulated gambling software in England?

I am a programmer in England, and am potentially interested in one day working to open a licensed online casino. I have several ideas about products I would like to work on, but am a bit confused as ...
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1answer
633 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
84 views

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
85 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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1answer
111 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
89 views

Don't police actually have an obligation to arrest in some domestic cases ala NRS 171.137?

The previous answers say police have no duty to arrest. Yet it seems statutes in many states require arrests in some domestic violence cases. For example, in Nevada, NRS 171.137 is entitled, "...
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1answer
91 views

Does charging a defendant with more than can be proven confer some advantages to a prosecutor in the US?

Sometimes in criminal cases with a lot of media attention it seems like the charges brought against the defendant are much more ambitious than the public evidence and circumstance would support. Of ...
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78 views

What laws are void when one goes out of their way to do something?

I want to ask for various examples where something is typically legal, but becomes illegal when someone forces or manipulates a situation as a loophole around the law. For example, if someone from a ...
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1answer
78 views

What does “Prima facie case is not to be confused with prima facie title” mean?

I do not know much about the law. I know prima facie means, but do not understand what it means in this sentence, which comes from an Indian court case: "Prima facie case is not to be confused ...
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3answers
111 views

When and why are jury trials preferred to bench trials of criminal charges?

A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder." A bench trial consists only of a judge, who determines questions of both law and fact to ...
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2answers
539 views

Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

NY State Constitution Article VI Section 18 (a) reads: [Trial by jury; trial without jury; claims against state] §18. a. Trial by jury is guaranteed as provided in article one of this constitution. ...
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1answer
2k views

Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...

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