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Questions tagged [criminal-law]

For questions about laws related to crime.

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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 ...
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3answers
71 views

Under U.S. law, can an estate's executor be penalized for accidentally losing a document before the estate is closed?

What legal penalty might apply in a situation where documents were lost by accident before settling or closing an estate? Would there be civil or criminal penalties if, some but not all, documents (...
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1answer
178 views

Identifying corruption in tendering process

Under Indian law, is it allowable for a department (or department head) to bypass the a formal open "request for tender" process, by instead calling limited tender among arbitrary selected venders. ...
2
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2answers
291 views

Is it illegal to carry a foam baseball bat as a prop on Halloween in the UK?

I am thinking of doing a 'Jacket' from Hotline Miami cosplay/dress up perhaps for Halloween or a convention. I am trying to think about props, but I am worried about the laws against having anything ...
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4answers
134 views

Is criminal prosecution up to the police/state or can an individual push it?

What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction? If this question is too ...
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2answers
386 views

In the United States who has the authority and what is the procedure to determine if conduct by an individual is “illegal”?

This is a canonical question posed for the purpose of clarifying the rules of criminal procedure in the United States relevant to who is authorized by law to determine if alleged conduct is "illegal". ...
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1answer
74 views

Got a jury summon last year, forgot about it, just remembered

What should I do? I would like to serve on a jury if I can. Ive passed 2 background checks since the jury duty notice. If i recall correctly the notice misspelled my name.
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3answers
351 views

Why don't US prosecutors press for imprisonment for crime in the banking industry?

In this article by The Guardian published two days ago they report: RBS bankers joked about destroying the US housing market after making millions by trading loans that staff described as "total ...
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42 views

Clarification: petit larceny by lost property v. criminal possession of stolen property

The following pertains to NEW YORK laws: What is the difference between petit larceny acquired by lost property and criminal possession of stolen property in the 5th degree? Please provide examples. ...
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21 views

Clarification: identity theft/impersonation/personal id info and examples

The following pertains to NEW YORK laws. What is the difference among criminal impersonation in the 2nd degree and identity theft and unlawful possession of personal identifying information in the ...
2
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1answer
70 views

Why are Florida prosecutors filing for manslaughter rather than murder in the case of Michael Drejka?

Florida prosecutors filed to charge Michael Drejka with manslaughter rather than murder in August 2018. If convicted of manslaughter, Drejka can be sentenced to up to 30 years rather than receive ...
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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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72 views

What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
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2answers
419 views

Lying in Court in the UK

A defendant provable lied in court. We had no right of reply to prove the lies were false. Nothing has been done afterwards. He was found guilty, but received a very light sentence probably based on ...
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1answer
82 views

Theory: Murder in neutral waters by person without citizenship?

Theoretical question: Murder in neutral waters by person without citizenship? Will person be prosecuted? What if victim is also a person without citizenship?
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1answer
409 views

Likelihood of jury selection procedure in this story

I had some questions about how jury selection works upon reading the following story that was shared to Facebook: A couple of years ago I got called for jury duty and made it through a couple of ...
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3answers
7k views

No evidence is required for an indictment by a grand jury?

I just read the indictment of Christopher Collins, a congressman, for relaying insider information on a company with publicly traded stock, and for "lying" to a federal agent, ie for denying he ...
2
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2answers
128 views

Why is Sim Lim Scammer in Jail even though technically his victims agree?

https://coconuts.co/singapore/news/33-months-jail-sim-lim-square-conman-jover-chew-whos-getting-treatment-depression/ Sim Lim scammer is in jail for "scamming". That one is obvious. We sort of know ...
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2answers
118 views

Should I fight City Trash Citation for tenants trash

I own a quadplex in Cincinnati. Only 2 of the 4 units were occupied, but a tenant moved out on Monday, so I'm down to 1. The one that just moved out put all their trash by the road, not in a bin. My ...
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1answer
112 views

Can a judge put me under oath for closing statements?

For a municipal traffic ticket trial in USA, can a judge put me under oath as I am about to give a closing statement? I declined to testify and accepted to give a closing statement instead. The judge ...
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1answer
327 views

Public defenders not getting discovery evidence in sufficient time, is this Court Misconduct?

In my legal situation described here, I called the public defender several times ahead of the first pretrial meeting requesting to meet with him and let him know the truth, the broader case (the ...
0
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1answer
106 views

Does a judge receiving information from a provider need to give it to both prosecutor AND defense, in criminal law/cases?

I'm having difficulty in that I accepted a no-contest plea for a (supposed) harassment charge, and agreed to do either A) 8 days in jail or B) do a domestic violence evaluation and courses depending ...
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3answers
437 views

Can a police officer ban a person from a public park?

Can a Utah police officer ban a person from a public park even if the person is only suspected of breaking the Law?
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2answers
481 views

why is a person allowed to lie in court and get away with it?

In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given ...
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0answers
37 views

how to establish causation and intent?

In a scenario where something analogous to, but probably not exactly, the Mosquito alarm has been used, and that usage has resulted in hearing problems, how, generally, would a private prosecution ...
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0answers
60 views

Is there any country or state where the intellectual author of a homicide has twice or more the penalty than the physical author?

Discussing about what's worse, being the planner of a homicide or the actual killer, I found a proposal in a country for the planner to have twice the penalty of the killer. Is there any country or ...
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2answers
581 views

When was pretrial detention first declared constitutional?

I assume that early on in American history, pretrial detention was at some point challenged for its constitutionality. Is that the case? I have also heard that pretrial detention is illegal as a ...
4
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1answer
824 views

Switching sides

I'm writing a drama and need some help. Can a criminal lawyer in a rape case switch sides from the person they are representing to the victim if they have been fired by their client?
2
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1answer
112 views

Is it murder to kill someone who's just about to die?

A person is falling into a pool of lava. If another person were to shoot them as they're falling, would the killer be charged for murder?
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2answers
173 views

Where is the “fantasist” defense taught?

I have noticed that in order to discredit a witness, instead of simply saying someone is a liar, the defense will call the person a "fantasist". This brings to mind some child-like person going on ...
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2answers
69 views

Can you pursue legal action for a potential user who keeps coming back even after being banned from an internet platform?

I run my own web site and I've also been part of a few social media platforms owned by private citizens and small business owners. They usually have administrative rules to prevent bullying, ...
3
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1answer
462 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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1answer
255 views

Is stolen property being seen on my property grounds for a search warrant?

So this happened a few years ago in a college town in California. A police officer came to the door of the house I was living in, and told us that someone had stolen a large theta from the front of a ...
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4answers
10k views

Course of action in a criminal case when there is no conceivable defense

I am not a lawyer or a law student; my work is in mathematics, but I like to learn about criminal law as a hobby. I have spent some time googling and searching to find an answer to my question but ...
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0answers
197 views

Is there anything I can do legally when my daughter lets her boyfriend in our home without our permission?

My daughter is 16, and my wife and I just found she's been sneaking her boyfriend (who is 17) into our house while we're not home. His parents don't seem to be doing anything about it. Does this ...
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1answer
66 views

Can a child sell things in a public place without a permit?

Allison Ettel, dubbed "Permit Patty," was under fire after calling the police on an 8-year-old selling water bottles without a permit. People of the Internet got really pissed at her. Legally ...
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0answers
42 views

Can a local police officer (or local DA) charge someone with breaking a federal law?

Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?
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1answer
132 views

I'm stealing a water from my roomate [closed]

My roomate hasn't arrived yet and I haven't met him yet but a big package of water in plastic bottles has been delivered to the room for him. My metal reusable water bottle is moldy and I didn't get a ...
3
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1answer
439 views

Is it illegal to throw water or soda on people?

Yesterday, some guy took a diner's soda and threw it on him for wearing a political hat. Is that considered a crime, or is it ok to throw liquids on people? I know that protesters used to throw pies ...
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3answers
865 views

Carrying a Sgian Dubh - UK

There is a LOT of conflicting information on this subject online, mostly revolving around whether or not traditional dress is "sufficient reason" to carry what is essentially a knife in public. My ...
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1answer
91 views

Why was video evidence released after the trial ended in the Daniel Shaver murder case?

From the wikipedia article it states: On May 25, 2016, Myers ordered portions of the video released. The released video omits the shooting itself. The full unedited body camera footage of the ...
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2answers
164 views

When is a trial considered to have happened vis-a-vis double jeopardy?

When is a trial considered to have happened vis-a-vis double jeopardy? In other words, at one point is a person considered to be tried for an offense and cannot be tried again? At the arraignment or ...
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3answers
102 views

US Criminal law - what if the appeal moves blame from one defendant to another?

Suppose two people, A and B, are accused of some criminal activity, and the court decides that A is to blame, while B is blameless. Now, suppose that A knows that B is the one to blame, while he is ...
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1answer
60 views

Were laws broken, can I use in civil or small claims?

Long story short my girlfriend of 5 years how to debit card to my savings account and every payday I would deposit $500 into the savings account for her to use and this went on for approximately the ...
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0answers
195 views

Illegal to buy dermal fillers over the internet in the U.S.A.?

I know a med student and can buy dermal fillers for much cheaper online than paying a doctor. I could buy them from other countries, but is this illegal to do? Injectable fillers/dermal fillers/etc.
2
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1answer
231 views

Is illegally crossing the U.S. border a “serious” crime?

First, I'll acknowledge that "serious" is subjective, however there is (probably) consensus that sentences imposed are reflective of the seriousness of a crime. USAtoday (6-18-18) USA TODAY ...
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2answers
96 views

I would like to opt out of owning guns

If a person had and will never have a use for gun and wanted to insure nobody can use his identity to potentially buy one (through identity theft, for example), would that be possible? Obviously ...
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1answer
105 views

Can a jury find guilt based mainly on “mens rea?”

In the actual Frank Quattrone case, the conviction of the investment banker was overturned by an appeallate court, because the trial judge had wrongly instructed the jury to disregard "mens rea" (...
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1answer
44 views

Plea Deals and Pardon

Assume that a defendant (assume Paul Manafort or other indicted figure in the Mueller investigation) accepts a plea deal that requires their cooperation in related cases. The terms of the deal are ...
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1answer
85 views

Is one liable if illegal material is found on one's own server?

This question was prompted by a news article I read earlier today, in which a person described the dilemma they faced on discovering illegal material had been stored by an unidentified third party on ...