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Questions tagged [criminal-law]

For questions about laws related to crime.

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Mississippi lawsuit against Police that dont want to uphold a particular law on the books

If I attempt to press charges on an individual or individuals due to criminal activity and the officers or dispatch says they will not act on said violation what award could be awarded through a ...
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1answer
46 views

What is 'purposeful conduct'?

In a book that I'm reading about the Nuremberg Trials, I noted the following: A number of minority positions have been cited as representative of NMT, for example in The Presbyterian Church of ...
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1answer
65 views

Can the federal US government use any other powers to ban FGM?

A federal law against FGM was ruled unconstitutional today on the grounds that the powers under which the law was written were not applicable to the activity being criminalized. Are there any other ...
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8answers
32k views

Why shouldn't a bank robbery without threats be legal?

So say a bank robber walks into a bank and hands the teller a note saying simply "please give me $1,000" (or maybe even just verbally saying "I need $1,000 please") and if the teller accepts, which ...
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1answer
195 views

What is the Mississippi Law and Federal Law against incest?

What is incest legally and what punishment applies?
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2answers
138 views

Does fleeing across the county line actually work for the Dukes of Hazzard?

A common feature on that old Dukes of Hazzard show was the idea that once them good old Duke boys crossed the county line, they'd be safe from the mean old sheriff and his deputy. Under what ...
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1answer
309 views

Dosso case in Pakistan

In 1958, a man named Dosso (who lacked a surname), was convicted of murder in Baluchistan under section 302 of the Pakistan Penal Code by a Loya Jirga (a tribal court). An appeal was made to the ...
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1answer
79 views

Why did the DA choose to prosecute the mother instead of the bully?

https://nypost.com/2017/11/28/mom-faces-jail-for-secretly-recording-daughters-bullies/ In this case, some kid bully another. I am not sure if bullying is a crime or not. It seems that some violence ...
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194 views

Can I sue the government because a minor on probation committed homicide?

My father was killed by a teenager last year in TN, USA. We are still in the one year statue of limitation for wrongful death civil suit. The suspect has been transferred to adult court and the ...
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1answer
125 views

Borrowing Firearms for Science?

Edit: we have an excellent general counsel who runs our legal team; I'm asking here firstly to get familiar with roughly the shape of this thing, and secondly to learn a little about how things in ...
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5answers
44k views

A student slipped a drug into my coffee — what are the legal ramifications of this situation?

I am a high school Chemistry teacher. This morning, while my back was turned to write on the board, one of my students (age 17) slipped a pill into my coffee mug. This is a thermos-style mug that has ...
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3answers
140 views

If someone steals from me do I need a lawyer?

Someone took my bank card while at a party. Somehow he got my PIN number and took $400 from my account. I filed a complaint with the local police. They asked me if I wanted to charge him. (Of course I ...
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2answers
149 views

Failure to obey (Alabama)?

I have a friend who mouthed off to a cop, and was booked for, he says, "Failure to Obey". I'm no lawyer, but have googled about and found the following statute, Alabama Code - Section 32-5A-4: ...
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161 views

Standard of proof required to prevent dismissal of criminal charge before trial

In New Zealand, a judge may dismiss a criminal charge before trial if "the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant" (CPA s147(4)...
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3answers
90 views

Can an individual be charged with selling an illegal substance if they are not in possession?

I was wondering if a person could be charged with selling something like drugs, illegal firearms, or stolen items if they are never caught possessing them? I have seen in movies where they will take ...
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1answer
73 views

Does a licensed driver need to be present while riding in the back seat of a fully autonomous car?

I have a friend that I fear will never have her driver's license. Now with the back seat type of fully autonomous cars does she have to be licensed to be able to use one?
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1answer
49 views

How to find your public criminal record?

When dealing with insurance, people always tell me after so many years, certain offenses "come off" your record and your insurance prices go down. I'm curious how this works. I don't have any serious ...
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2answers
91 views

Indictment of solicitation of child pornography

Let's say Bobby asked Sally if she wanted to trade lewd pictures when they were minors via an instant messenger. Sally flatly says no at the time, and no pictures are sent or received, with Bobby ...
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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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1answer
83 views

If a law changes very recently, is there a grace period due to not knowing the new law change?

I was recently watching a video of a police officer who lied to a driver that "a new law passed" that allows police officers to stop someone from recording. The driver was an attorney and knew better. ...
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1answer
74 views

Can contractors in the USA publicly encourage each other to charge more?

I've been in a few niche online forums and chat rooms that specifically forbid their members from discussing anything about the rates they offer as contractors. Some claim it's price fixing and ...
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1answer
116 views

Why is use of force justified in this way?

Typically when we see an officer on the media for their use of force, even when the other person was a danger, we see the general public retort with something of the form "lesser force could have been ...
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1answer
89 views

Getting courts to reconsider judgment when new evidence crops up

Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
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2answers
157 views

Can the police tell you not to have house guests or you will be arrested?

My friend is being harassed by our local pd. They come to her house excessively and have even told her if she has house guests they will arrest her. Can they really do that?
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0answers
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trespassing to personal property? [duplicate]

Let say I went into a store and bought something. When I was walking out an employee or the manager stop me and ask to look inside my bag because they assume I was stealing. Before, I could even ...
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0answers
67 views

Why do prosecutors sometimes chase “weak” cases?

From what I understand, the Criminal Division of the Internal Revenue Service is an exception to this question. Its rate of winning convictions is something like 80%, and about half the remaining ...
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1answer
64 views

In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?

In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older. (1) A person 24 years of age or ...
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2answers
84 views

What the difference between false pretense and forgery

I know that false pretense have to do with a scenario involving someone who pretend to be someone else in order to obtain money..etc. But I get confuse with both of them
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1answer
119 views

Is the extradition of a person a discretional choice of a state?

So, say someone commits murder in state A, then flees to state B. State A requests the extradition of the murderer. Does state B, in lack of any treaties governing the subject, by the power of ...
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2answers
38 views

Difference between three terminologies

I have confused many times wherever I studied about “Dacoity, Robbery and Extortion”. These three terms are closely related to each other and written in ambiguous forms
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1answer
88 views

Is it illegal to purchase stocks with money that came from a Brinks truck?

There have been many times over the years when a Brinks truck has overturned, or the security guards forgot to lock the rear doors, and money came out of it while in route to its destination. Say a ...
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0answers
56 views

misdemeanor complaint, state requested release conditions, discovery evidence

I was charged with a misdemeanor, but the court messed up and sent the misdemeanor complaint to a wrong address. Never receiving it, never appearing at the court, they then created a warrant for my ...
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1answer
74 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 ...
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1answer
121 views

Neighbors are spying for landlord on Renters is it legal? [closed]

Can a landlord legally spy on their tentants? Or Have Neighbors constantly spy for landlord
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3answers
1k views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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0answers
110 views

How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
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3answers
286 views

Under what conditions can a cop arrest someone?

I know in the old days, a person could only be arrested if they were actually observed in the commission of a crime. If someone accused someone else of a crime, they could not be arrested, but only ...
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1answer
82 views

What “incentives” 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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0answers
49 views

When is the law broken by a campaign that violates an electoral commission rule?

If an electoral campaign fails to abide by a rule laid down by the electoral commission, has the law been broken? If not, what is the test to determine if the law has been broken?
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1answer
115 views

Temporary theft, or, removing someones property to deliver it to their home or office

If I take somebody's property without consent, with the intent of keeping it, it is theft. If I take somebody's property without consent, but return it to them immediately, what law am I violating? ...
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5answers
21k views

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it ...
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1answer
131 views

Why is there a 'statute of limitation' for sex crimes?

As I understand it, there is no statute of limitations for murder: in contrast sex crimes (rape) have time limits to prosecute. Is there a line of reasoning to decide which classes of crime have a ...
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0answers
84 views

Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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2answers
129 views

Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?

Say Rob commits a crime against Bob, and Matt witnesses it. Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
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1answer
88 views

What is it called when a business causes damages or vandalizes to garner more business?

I don't if it's racketeering exactly because I don't know what the stipulations are for how long term or consistent it is or what qualifies as "organized", but suppose a car wash hires someone to ...
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1answer
149 views

Too poor to obey the law

It's illegal to walk around naked in public, but what if someone is literally too poor to afford clothes?
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1answer
50 views

Disbarment or lesser discipline, United States

I had a bitter criminal legal struggle with a prosecutor that consistently showed no interest in knowing the truth (me meeting with him initially before I had any public defender), taking things fully ...
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2answers
63 views

Is a meeting including prosecutor, defender (public or private), and defendant allowed?

Please comment if I need to separate out some of these "1-liner" questions. Can these 3 parties (prosecutor, defender (public or private), and defendant all talk together at the same time, or the ...
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2answers
349 views

Why are some obvious fraudster not in jail? [duplicate]

Why do some people that commit fraud is not in jail? In How would the law in US handles private investigation like this? there is obviously plenty of evidence that a fraud has occured. I check What ...
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1answer
128 views

Do I have the legal right to kill an animal preventing my exit when I burglarize another house?

If I break into a house with the intent to burglarize it, and suddenly any animal (for instance, a large German Shepherd) prevents my escape and starts to attack me, do I have the legal right to shoot ...