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Questions tagged [criminal-law]

For questions about laws related to crime.

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3answers
92 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
3
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2answers
538 views

How to contact a government prosecutor?

Do public prosecutors work for a city, county, or state, or does it vary by location? Are they called district attorneys, attorneys general, prosecutors, or something else. Specifically, if I have ...
1
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1answer
73 views

Can people get in trouble for investigating or charging the president?

Not word for word and please correct me. Is there a law like this? If so: Should any criminal investigation or legal action, investigation even a phone call that takes time from the president in ...
2
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3answers
121 views

Does disordely conduct apply when on private property?

Bob is in his home watching TV when he hears a knock on the door. It is the Police and they would like to speak to Bob. They claim that Bob is suspected of a crime and would like him to open the door (...
2
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1answer
122 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 ...
2
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4answers
321 views

Do Any Countries Have A Retribution Defense For Crime Victims?

Are there any jurisdictions where there is a defense to criminal charges of murder or rape or assault, when carried out by the victim of a serious crime by the crime victim as retribution, in ...
17
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4answers
6k views

What would be Julian Assange's expected punishment, on the current English criminal law?

Currently, the only charges form the British side against him are, that he avoided the criminal procedure (he was, on the British law, a fugitive) by his "visit" on the Ecuadorian Embassy. Meanwhile, ...
2
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2answers
86 views

Can you sue the prosecutor in a criminal proceeding?

If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
1
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1answer
46 views

Who would be legally responsible for the application of mainstream wrong psychological/psychiatrist therapies?

Several times has happened that the definition of mental disorders/ psychological-psychiatrist therapies/theories have been proven wrong. Yet they have been applied over people causing them problems ...
6
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1answer
101 views

What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?

Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no ...
1
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2answers
121 views

What happened to bounties in the wild west?

Few things are more emblematic of the wild west era that a wanted poster. Today such a thing is unheard of. I know today there are rewards for information leading to capture of fugitives and bail ...
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3answers
97 views

Is Plummer v State still valid under contemporary law?

Apparently, in Plummer v State back in 1893, the court ruled an individual may act in self-defense against a police officer provided there is unlawful use of force. Note, this does not mean self-...
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3answers
657 views
11
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1answer
380 views

Criminal law in the Vatican State

According to the media a former ambassador from the Vatican to the Dominican Republic is being put on trial in the Vatican for being in possesion of child pornography. This makes me wonder how the ...
4
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2answers
244 views

Can a police officer lie?

In the unfortunate event, someone finds themselves being questioned by the police in the US, and they ask for a lawyer, but in an unlikely event the police officer says "you don't need a lawyer you're ...
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2answers
234 views

Is it illegal in any way to solicit reviews?

Eg. companies that say "Go leave us a good review on Glassdoor." Or businesses that pay customers to leave good Yelp reviews. Or that pressure employees to get their friends to leave good Yelp reviews....
2
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1answer
306 views

Why was this man not charged with this offence that it seems he has committed?

I was reading this article, Man jailed after sending photos of his genitals to undercover police officer. This article states: Malcolm Blount, 55, was caught by police after he emailed three ...
1
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1answer
73 views

Escort receives prepayment for services and client sues [closed]

Can I be arrested in civil court pertaining to my ex-profession as an escort? I received a lump sum from a client to cover 150 services. I satisfied the loan but foolishly signed paperwork saying I ...
3
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3answers
203 views

What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
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1answer
110 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
2
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1answer
62 views

US Treason Definition vs Technology

I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction: No person shall be convicted of treason ...
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4answers
31k views

Is it an offence to spike someone's drink?

Legally speaking (legal consequences), is it wrong to spike someone's drink? No dangerous or health-threatening substances, just a very mild pill that gives beneficial insomnia-curing effects. Also, ...
2
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2answers
70 views

Does 18 U.S. Code § 1543 apply to foreign passports?

Consider this An American uses a fake scan of a Canadian passport over the internet to open an offshore bank account The account is never used No quantifiable damages are incurred Is the American ...
0
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1answer
100 views

Dealing with a Hacker

I run a small online entertainment business, recently a teenager has been hacking into our systems and causing numerous problems. After talking with him, and his refusal to cooperate, we have decided ...
1
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1answer
89 views

Is it ever not legal to cause harm to escape non-institutionalised harm? [closed]

Is there ever a case where your legal duty to care/not harm someone causes you to not be able to legally retaliate against non-institutionalised harm? Examples do not have to be specific to any ...
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3answers
101 views

Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - ...
3
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1answer
146 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
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1answer
109 views

Is it illegal for a website's moderator/administrator to access your computer when you are posting comments?

The Computer Fraud and Abuse Act (CFAA) is a United States cyber security bill that was enacted in 1984 as an amendment to existing computer fraud law (18 U.S.C. § 1030), which had been included in ...
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1answer
85 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
5
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2answers
787 views

What is the legality of “reverse grafitti”?

I recently discovered several videos on YouTube talking about a new form of public art called Reverse Grafitti, the idea being that instead of adding paint to a wall, you form an image by selectively ...
4
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1answer
196 views

How are the interests of civil and criminal justice served when in conflict?

Tom made an interesting observation: It is very common to have a civil lawsuit brought that implicates criminal laws, but not have the criminal violations be charged. For example, if you steal ...
6
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5answers
245 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. Suppose that a criminal trial occurs, and the defendant is not already in custody when the ...
3
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1answer
96 views

Is it legal to flee the scene of an accident to get help?

Let's say that I'm in an car accident in which the driver of the other vehicle is injured. I originally stop to render aid and do what little I can to help the other driver, but they appear to have ...
6
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2answers
145 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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0answers
37 views

How a criminal speeding citation of 104 mph in a 75 mph zone will affect my immigration status (F1 visa)?

I recently received a criminal speeding citation for driving at 104 mph in 75 mph zone in Arizona. I have clean driving history without any prior citation or accident. I am an international citizen on ...
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2answers
90 views

When an alibi is another crime

If you get accused of a crime that happened when your were committing an unrelated crime at another part of town, could you use this as an alibi without incriminating yourself? Do judicial procedures ...
3
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2answers
225 views

Kid left in hot car: What main legal factors affect if charges are brought?

If a kid gets left in a hot car (e.g. because the caretaker forgets), the kid can die. Serious criminal charges are sometimes brought against the caretaker (or caretakers, plural)... even if the car ...
5
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3answers
256 views

Ex-housemate cancelling NHS appointments (United Kingdom)

For a year or so, my wife and I lived in a shared household with largely random people in the UK. We did not get on well with one individual, and after a year we chose to move out into our own place. ...
2
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1answer
91 views

Photographing my mail and giving to my ex [closed]

My ex sent me a check for part of health insurance for children. After it did not come, over 2 weeks, I reached out and told him I had not received the check. He went to the post office, the mail ...
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0answers
66 views

Car repossessed from fraudulent loan

My family member's son in law took out a loan in the family member's name using the family member's car as collateral. No payments were made on the loan. The car was repossessed after the loan ...
2
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2answers
124 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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0answers
52 views

Illegal to give lawyer a bonus for getting an acquittal?

I recently found out that in Massachusetts it is illegal for a lawyer to accept a bonus for obtaining an acquittal in a criminal case. In other words, if a client says I will pay you an hourly rate ...
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0answers
49 views

Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
3
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3answers
4k views

International sexting: how often is sexting overseas prosecuted? (Please read details)

I am asking for someone dear to me. This will be a hypothetical example. Hypothetically, if a 19 year old male (living overseas, say in Turkey) sexts/exchanges nudes with a female who says she is 18 ...
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0answers
23 views

Is the sentencing opinion of a judge a strong argument for the defense in similar cases?

Background In the news recently, it has been stated that Judge Ellis gave a 47 month sentence to Paul Manafort for various financial and tax crimes. 47 months is said to be below what both the ...
2
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1answer
113 views

Can a store take my bag when it contains both my and their property?

I've had my bag snatched from me before I've even got anywhere near till point (cash register). They told me to leave because I'm barred. They won't let me in to get my bag, and they still have it. ...
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6answers
18k views

Do I have the right to enter into someone house without permission if my child is in there?

Here's the situation Main persons: my daughter Maria, 16 years old my daughter's friend Mario, over 18 years old My daughter was asked by her friend Mario to hang out at someone's ...
0
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1answer
51 views

2002 or 2006 law on infanticide

I have heard that a law passed in one of the above years says a doctor is required to give medical attention to any born-alive infant. I'm just trying to find the law
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1answer
99 views

What “incentives”/cynical reasons DA/Cops have when prosecuting someone? [closed]

I read that many laws are unenforced. What did the DA do to decide what to enforce and what not? For example. Say some states have laws against cohabitation. Say a DA choose to enforce the normally ...
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3answers
10k views

Why does the victim have to press charges?

Case in point that was in the news: "BART identifies man in viral video of racist attack on train", East Bay Times A California man attacked a stranger while expressing his hatred of the victim's ...