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Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
101 views

Arizona form to allow victim to speak to defendent

Upon an accidental argument/fight in which the husband is being told of assault for pretrial and if the wife which is the victim is wanting to talk to the husband (defendant) then the victim should ...
2
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1answer
77 views

Is it a typo in an official document?

I am looking at a document about a criminal case, that is published here. Knowing from the document it was created in 1992, I suppose the line saying 'Age at time of offense' is wrong saying 21, ...
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2answers
835 views

Is there any way of having sex without risking jail in the United States?

I recently read a story about a 19 years old boy sentenced to jail and to be registered as a sex offender for 25 years for having sex with a 14 year old girl who lied about her age. The girl and her ...
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2answers
106 views

CPS Breaching Court Order [closed]

CPS were directed by the Crown court to provide the reasoning why the Police did not secure CCTV evidence. The court made an order to provide this to all parties by 28 July. On 30th July CPS ...
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4answers
3k views

Why are there so many youtube to mp4 and mp3 download websites online when it is illegal?

If it is illegal to download videos and audios from youtube due to copyright reasons, why are there so many youtube to mp4 and mp3 download websites online? For example http://youtube-mp3.org/, one ...
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2answers
1k 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We just had a question about what happens to convicts if a law is repealed.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 ...
11
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3answers
3k views

When a criminal statute is repealed, are those still held under it automatically freed?

How was this handled in the past when things were decriminalized, e.g. homosexuality? Is there an automatic process that guarantees freedom for those held under an abolished law, or does this have to ...
18
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3answers
10k views

What is the legal take on the trolley problem?

From the Wikipedia page on the trolley problem: There is a runaway trolley barreling down the railway tracks. Ahead, on the tracks, there are five people tied up and unable to move. The trolley ...
2
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1answer
301 views

Is there any legal provision in India that bans watching obscene material in private?

So far as I understand, Sections 292, 292A, 293 and 294 of the Indian Penal Code specifically criminalize circulating obscene material, unless such material is intended as art, education. Is there ...
1
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1answer
99 views

Carrying a concealed filet knife in Colorado

Sites like http://www.knifeup.com/colorado-knife-law/ and others list colorado law pertaining to concealed knives as such: These knives are illegal to carry concealed: All knives less than 3.5 ...
11
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1answer
2k views

Are Captcha solver farms illegal?

Let say that captcha is a picture that prevents automated programs to do a certain task. Now imagine that we have a service in which some people works to solve some captchas. These captchas are sent ...
6
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1answer
239 views

How to find record of conviction?

My mother was convicted of something nearly 20 years ago in the UK, but since it was not worthy of prison forgot about the details soon after. I need to know about it in order to fully disclose ...
6
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1answer
141 views

Are the relative levels of fines and imprisonment disproportionate?

Most non-violent crimes are punishable by fine or imprisonment. But the maximum term of imprisonment has often struck me as far out of line with the maximum fine. For example, even if I am a minimum-...
6
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3answers
5k 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 ...
4
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1answer
197 views

What qualifies as “violent” and “assault”?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
6
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1answer
302 views

How would Dr. Richard Kimble go about getting himself declared innocent at the end of The Fugitive?

So I just finished watching The Fugitive. At the end of the film and takes him into custody. However, at that moment, in the eyes of the law, Kimble is guilty of murdering his wife. How would Dr. ...
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3answers
3k views

Is it a crime to take out a loan with no intention to repay?

This question on Money.SE concerned a person who had taken out a number of loans. He didn't intend to repay these loans in full, planning instead to default and leave the country. Several posters on ...
13
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2answers
513 views

How exactly does civil asset forfeiture work in the United States?

Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut". ...
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6answers
103k views

When is cursing illegal in the U.S.?

For example, I've heard before that it's actually illegal to swear at a police officer (I've also heard that's true in the U.K. as well, although that's not my question). However, what counts as "...
9
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1answer
852 views

Legal Identity for Conjoined Twins

Conjoined Twins are identical twins who share some physical connection. In particular, some share the same body, although both possess separate heads. As such, what are the legal ramifications for ...
1
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1answer
117 views

Diplomatic Immunity and Statute Law

I know an Ambassador who committed a crime and fled abroad on diplomatic immunity. Will he be able to return to his native country in the future under statute barred or statute of limitations rules? ...
7
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1answer
206 views

Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?

I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston. Vast amounts of information are spewing forth from the news ...
7
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1answer
308 views

Does an absolute discharge result in a criminal record?

In England and Wales, a court can impose an absolute discharge if it concludes that 'it is inexpedient to inflict punishment'. The power to do this is granted by s12(1) Powers of Criminal Courts (...
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1answer
150 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 ...
1
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1answer
304 views

How do I go about having a guilty plea withdrawn in New York?

I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....
4
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1answer
208 views

Government legal actions - civil or criminal?

I was reading this overview of the differences between civil and criminal cases and they state Civil cases usually involve private disputes between persons or organizations. Criminal cases ...
16
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3answers
726 views

Are there any limits on the crimes a corporation can be convicted of?

In the United States, a corporation can be convicted of criminal offenses (example). Can corporations be charged with any criminal offense, or are there some that cannot apply to anything except a ...
6
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1answer
550 views

How do Saudi judges decide whether or not a person has become an adult and is eligible for the death penalty?

One of the provisions of the Convention on the Rights of the Child is that a person under the age of 18 - or else under the age of majority - can not be executed. Two countries - Saudi Arabia, and ...
6
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2answers
238 views

Legal definitions in the United States

When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? ...
11
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1answer
150 views

What happens if the Indonesian Constitutional Court rules in favor of an executed person?

Prior to the executions of drug smugglers in Indonesia earlier this year, Australian officials had pressed for a delay in the executions, due to a last-ditch appeal in the Constitutional Court of ...
5
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2answers
962 views

Does “furtherance of a crime” exception to attorney–client privilege apply if the attorney is unsure?

If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is ...
10
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2answers
2k views

What is the difference between “murder”, “manslaughter” and “homicide”?

Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?
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2answers
164 views

Marital Rape as Defined by Indian Law

According to 1860 Indian Penal Code: "Sexual intercourse by a man with his own wife is not rape." What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...
13
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3answers
759 views

What methods exist to provide relief in criminal cases where the state refuses to prosecute?

In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect ...
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2answers
256 views

Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?

Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so?
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2answers
2k views

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
401 views

Are there any kinds of laws that prohibit personally harmful speech?

In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the "right to a ...