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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
532 views

Arizona laws regarding ownership of ground glassware for chemistry usage

I was watching a YouTube video that included an interview with a Clandestine Chemist, and at the 8:50 mark, he states: In Arizona, mere possession of ground glassware is a felony, if you're not a ...
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1answer
40 views

Boss asks for possibly illegal action

This is related to another recent question, where someone asked what are the consequences of committing copyright infringement when your boss tells you to do so. A slighlty different case: Your boss ...
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2answers
372 views

Statement may be misunderstood as admission: is this a problem?

Hypothetically, imagine this: suppose that a drunken man has an online Facebook conversation with a friend, they start talking about his ex-girlfriend. Then, they talk about his private and sexual ...
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1answer
5k views

What is Official Oppression?

Maine lists "official oppression" as a crime. A person is guilty of official oppression if, being a public servant and acting with the intention to benefit himself or another or to harm another, he ...
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1answer
86 views

Is this considered Kidnapping under law?

Okay so the title is questionable but hopefully intriguing. I am not a man of law so I do not know, anyways. Prom is coming up, my friend has a girlfriend 2 hours north of where we live and he wants ...
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1answer
43 views

Can Snapchat sue me if I use name “Snap” in my commercial project?

I plan to name my commercial web project as ____Snap. My website will be unrelated to what SnapChat is offering and in a different industry, but idea of short living content is the same.
2
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1answer
131 views

Can you unilaterally renege on a signed contract if the other party tries to push you into doing something illegal?

This question came up when I was reading this recent thread: Is it illegal to infringe copyright if your boss or your client ordered you to do it? in which that the poster was asking about a ...
2
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1answer
89 views

Does a bail-jumper have any recourse from being apprehended with the help of illegally obtained information?

Say that a person is a bail-jumper, that is, someone who fails to appear in court after being let out on bail. If they are apprehended by a bail bondsman with the help of illegally obtained ...
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2answers
152 views

Police reporting the crimes of police

A supreme court decision says police do not owe a personal duty to individuals. However, police do have an oath of office and duty to the laws of the state. If a police make an unlawful arrest: ...
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2answers
79 views

Is it possible to cancel a tenancy with someone who is most probably a fraudster, just for being a fraudster?

Some months ago, a neighbor of mine rented his appartment to a person for a year. Now, I have read in a major and respectable newsletter, that this person is accused of serious frauds. There are at ...
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0answers
7 views

Can we get bail immediately after conviction under section 294 by JMFC? (in India)

My friend is convicted under section 294 of CRPC India, he wants the bail as he want to file appeal so can he get bail?
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2answers
1k views

Is spousal immunity affected if one spouse dies?

Disclaimer: I'm a writer trying to figure something out for a story I'm working on, so forgive me if I sound totally insane. Okay. Spousal privilege/immunity. Protects someone from having to testify ...
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0answers
26 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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2answers
43 views

Can NGROI defense be argued after a guilty verdict?

tl;dr: In the U.S., can a "not guilty by reason of insanity" (a.k.a., NGRI or NGROI) defense be offered after a guilty verdict but before sentencing? In criminal prosecutions in the U.S. it is common ...
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4answers
17k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
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1answer
359 views

How can Not Guilty by Reason of Insanity and Guilty but Insane exist in the same legal system?

I was reading about the two types on insanity pleas, known as NGBI and GBMI. For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How can you have a ...
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2answers
95 views

Can a pro se defendant make statements of fact in his opening and closing arguments?

If a defendant in a criminal case testifies on the stand, then they must submit to cross examination, which is not good for them. However, if a defendant is conducting his case pro se, then can he ...
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4answers
1k views

Can a defendant challenge the constitutionality of the statute being accused of?

If someone is accused of a crime in his state and he believes the statute he is being accused of violates one or more of his constitutional rights, say right to travel or free speech. Can the ...
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1answer
71 views

sexual assault, intoxication, consent [duplicate]

This question/answer did not quite satisfy my curiosity. Let's assume this is about heterosexual sex. In a society with law that does not discriminate with respect to gender, if both a woman and man ...
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0answers
49 views

Could Voting Ever Be a Crime?

Could voting ever be a crime? (United States) For example, suppose someone did a write in vote for Osama bin Laden for president, or voted yes on a measure that creates a public task force whose ...
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1answer
17 views

Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]

42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
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1answer
65 views

Facebook shared w/o permission?

Somebody sent a Facebook post I made to my employer without my permission. Grant it I didn’t set any privacy settings. Can I sue for anything?
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1answer
66 views

Do arrestees have the right to private communication with a lawyer?

One of the foundational rights of an arrestee in US criminal law, as stated in the Miranda warning, is “the right to an attorney”. But if all communication with an attorney is monitored, it can be ...
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1answer
57 views

What can a city do for parking tickets

I have read the question and answer here: Are parking tickets enforcable But I would like to know that if a person got a parking ticket in Pennsylvania for a street sweeper violation and didn't know ...
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3answers
24k views

What is the status of mutual combat in the USA?

Curious because I see posted sometimes (on various sites, as a 'fun fact') that there exist jurisdictions (e.g. Seattle, WA) where if both parties agree beforehand to 'mutual combat' then neither ...
4
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1answer
122 views

Purposeful Destruction of a Computer

A hobby of mine is reading up on the latest IT nasties, and i came across 'The USB Killer'. 'The USB Killer' is designed to look just like a USB Thumb drive, but when plugged in it causes a lot of ...
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2answers
150 views

If police collected evidence based off of a call they suspected, but couldn't prove, was fruadulant 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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2answers
924 views

How do I file a criminal complaint in Germany?

How can I lay a criminal complaint before the governmental prosecutor according to § 158 (Strafanzeige; Strafantrag) StPO? Need I follow a particular format? where do I send it? Can I submit an ...
5
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1answer
76 views

United States: Can an insurance company sell a policy that pays fines and costs incurred by the policyholder knowingly breaking the law?

Is it legal in the United States for an insurance company to sell a policy that pays fines imposed on a person or corporation as a result of the policyholder knowingly breaking the law? An example of ...
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2answers
112 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 ...
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0answers
29 views

If Roger Stone is pardoned for crimes involving lying, can he tell the same lies under oath in the future? [duplicate]

After being convicted of lying to Congress or the FBI and later pardoned for those crimes, can a person (e.g., Roger Stone) be charged with perjury if he tells the same lies under oath as a witness at ...
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1answer
173 views

What does a trial for Terrorism look like in France?

I'm a writer, and need help for a book that takes place in Paris. According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further ...
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1answer
33 views

US extradition or domestic prosecution of US based foreign cyber crime?

I’m a cybersecurity professional familiar with the extradition of foreign cyber criminals to the US. But what if the situation were flipped? Given the following scenario what would likely happen? US ...
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1answer
42 views

Spent convictions

How long does it take for a conviction which will result in a fine and community order to become spent in England for someone over 18 years of age ?
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0answers
52 views

Can BAC (blood alcohol content) be interpolated for DUI/DWI criminal prosecution?

It is common for a statutory BAC (blood alcohol content) level to determine whether the operator of a motor vehicle is guilty of Driving Under the Influence (DUI, which in some states is called DWI ...
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1answer
58 views

In Australia is it illegal to consume drugs, or only to possess them?

Specifically in Sydney. I’m wondering if it’s also illegal to be “high”, or if it is only illegal to “possess” prohibited substances? Clearly hopping on the darkweb and ordering an ounce of green or ...
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2answers
334 views

Signing Under Duress in school?

I am a minor in a UK public school. I was told I had to write a statement about a rule I broke in school and sign it. I missed out a piece of information, and they told me I had to write about that ...
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2answers
52 views

“color of authority” Matt Whitaker vs inventor with complaint

When now Acting US Attorney General Matt Whitaker was on the board of directors of a company that acted as an agent for inventors, he sent a letter to a complainant inventor client, warning of ...
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3answers
118 views

Is lawyer going to be prosecuted if it is proven that he/she certainly knew that his/her client is guilty but continued to deny it in court? [duplicate]

If, say, during the process a client, who is accused of committing a murder, admits that he did it to the lawyer and demonstrates some undeniable proofs, like video of him committing a murder in a ...
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5answers
13k views

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
34 views

Question on intent in Texas forgery case

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37....
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1answer
36 views

Questions regarding laws on technology designed to avoid prosecution?

From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but. Is it illegal to posses one if it's not being used? Would there be anything in ...
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1answer
80 views

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

For example, 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 ...
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2answers
322 views

Can a US state be charged with a crime in federal court?

Like the title asks: I know that US states (and their agencies) can be sued by the United States in federal court (this is an exception to their normal sovereign immunity). Does this exception extend ...
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2answers
64 views

Will I get in legal trouble if I use somebody else’s picture?

I was banned from a site. To evade it, I plan on impersonating a fictional cousin of mine with a fictional name, but if people suspect that it is a sock puppet account, I plan on uploading a picture ...
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0answers
53 views

Why OpenBazaar is legal and Silk Road was busted? [duplicate]

I don't get it. Why OpenBazaar is considered legal and LE is ok with OB2, but Silk Road was the devil inside. Is it due the the ways it did marketing.
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1answer
185 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
116 views

Criminal liability for neglecting to stop a suicide in the Netherlands

In The Netherlands, suppose adult person A knows that adult person B is actively planning to commit suicide. Person A does not attempt to either assist in the suicide or block it. Person B commits ...
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1answer
1k views

When are computer viruses illegal?

Is it legal to create and send someone a computer virus if it doesn’t damage their computer? For example if a computer virus just spies on a persons screen, is that illegal? I red on a Quora question ...
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1answer
336 views

Does filling U.S. postal service business reply envelopes with junk incur any legal peril?

Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense. In fact these business ...