Questions tagged [criminal-law]

For questions about laws related to crime. Please add a location tag if the question is specific to a particular jurisdiction.

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Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so?

Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so? Let's say you make up a bunch of numbers to pay 1,500$ instead of 5,...
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2answers
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On what grounds could threats of civil unrest overturn the results of a trial?

On Saturday, April 17, 2021, United States Congresswoman Maxine Waters called for protesters to “stay on the street” and “get more confrontational” if former Minneapolis police officer Derek Chauvin ...
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Why don't most criminal convictions also come with an additional charge of making a false claim to law enforcement?

It appears that the vast majority of suspects proclaim their innocence to police at some point in the process (while being arrested, during an interview, etc) Later, many of these people admit their ...
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Section 4, Sexual Offences Act 2003

I met someone on a dating website, things were going great and we ended up getting frisky on camera together. It turns out that they were a catfish. Would section 4 of the Sexual Offences Act 2003 ...
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5answers
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Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
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1answer
136 views

Could the “Honest Thief”-deal be legally possible?

If you're planning the watch the movie Honest Thief (2020): Spoilers ahead! The protagonist of the movie above is a thief who "robbed 12 banks in 7 [US] states" for "a little over 9 ...
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1answer
60 views

How to find status of criminal prosecution (Alberta, Canada)

Calgary men charged after 864 investors lose $33M in Crowsnest Pass development Jun 10, 2016 I can't find any further news about this. I tried contacting CBC but got no reply. (Not to be confused with ...
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1answer
49 views

How long is Ghislaine Maxwell's trial likely to last? [closed]

A friend wants to visit NYC and go to the trial starting 29 July. She's wants to stay a month. I reckon the likelihood that is 1) the start date will be moved back, and 2) it will run way, way longer ...
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1answer
76 views

Crime in one country, criminal from another, what's the legal recourse?

Consider a hypothetical situation where a USA citizen, present in Sri Lanka either legally or illegally, commits some murders and flees back to the USA. What can be done to bring this person to trial? ...
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2answers
106 views

Is advertising a product as “Chemical Free” false/misleading advertising?

Many products, often times foods or cleaning supplies use the phrase "Chemical Free" in their advertising and packaging. This is often used in products containing more naturally derived ...
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What measures are taken in very famous trials to ensure that the jury is not influenced by what emotions they assume to be stirred up by the verdict?

Derek Chauvin's current trial seems to be one of the most followed and most emotionally significant trials. Feelings and opinions are strong on both sides. Many consider it an open-and-shut case (some ...
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1answer
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Would drug intoxication be considered a “pre-existing condition” for the thin skull rule

The Thin Skull Rule, also known as Eggshell Skull Doctrine states that the unexpected vulnerability of an injured person is not a valid defense to the seriousness of any injury caused to them. In the ...
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535 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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Aren't laws actually just logical axioms?

For example, don't kill people. If everyone killed each other then laws wouldn't exist. Same with theft or any other basic law. Or, pay taxes. Without taxes Government would collapse and law wouldn't ...
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945 views

Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the ...
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87 views

What are the difference in obfuscated contract laws between Indonesia and USA, Australia, Europe, and Singapore?

In general, people can write any contract they want. In practice, many people agree to a contract without even reading. Even those that read carefully may miss important terms if the writers of the ...
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147 views

Is the prosecutor's fallacy still an issue in cases today?

I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called "Prosecutor's fallacy". Most of the ...
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1answer
113 views

Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
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1answer
176 views

What explains the contradictions among English accomplice and inchoate offences?

What's the intuition why some conspiracies and attempts are offences, but not others? I'll just list 2 incongruities. I. Why it's "possible to convict someone of conspiring to commit a ...
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1answer
47 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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4k views

Borrow something and return it considered stealing?

So I was thinking, if I rode a coworkers bike home and returned it early the next morning before he noticed, is that legally considered stealing? Would this be legally considered stealing in CA?
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638 views

Does 18 USC 1542 contain a materiality requirement?

18 USC 1542: Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United ...
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1answer
77 views

Can I contact this man's probation officer?

My parents and I live in Suffolk County, New York. In January 2017 my father's friend began living with us. During this time, my father's friend was arrested and convicted of animal neglect and abuse....
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638 views

Is it ILLEGAL to download voyeuristic pornographic videos from websites?

Is it ILLEGAL to download and view voyeuristic pornographic videos from websites. KNOWING that the subjects are 18+.
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3answers
3k views

Alternative systems without the Right to Remain Silent

As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system. Jurors are usually supposed to rule as if the defendant testified in the manner ...
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113 views

Is it legal in the UK to 3D print a firearm design if it is made impossible to fire?

In the UK firearm regulations are very strict, but I would like to learn about them like in the other countries. Is it okay to print 3D gun designs if I make sure none of the parts can shoot real ...
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1answer
70 views

What does “forensic practicability” mean?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 728 last para.       By contrast with the House of Lords, the view taken here is that a conviction for a stigmatic offence is a ...
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162 views

Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?

I don't understand the difference between these two examples, because in both cases, the goal is scientifically impossible! What does "if the means used to achieve the purpose are impossible&...
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1answer
59 views

What determines whether a mistake is fundamental and ownership passes?

This textbook doesn't expound how to determine whether a mistake is fundamental enough. Assume that A and D mightn't have contracted. Under section 5(4) of the Theft Act 1968: Where a person gets ...
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239 views

Can you get into trouble for not answering questions when talking to the police? [closed]

https://www.youtube.com/watch?v=YWUx3-b0F_Y Can you get into trouble for not answering questions when talking to the police? Or is this a legit cheat code that can get you out of trouble? Which one is ...
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1answer
419 views

Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
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5answers
3k views

Are there penalties for withholding self-exculpatory evidence during a trial?

Suppose a person is put on trial for a crime, but he has video evidence showing his innocence. Out of malice or spite of a personal nature towards his accuser, he allows the trial to proceed, and ...
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Would Trump's defence work in other courts?

Donald Trump's defence against incitement is essentially the ambiguity of his language: he never explicitly told the crowd to violently attack Congress, but he did use ambiguous words such as "...
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What is the furthest point from land at sea where individual U.S. state laws apply?

I wondered to myself if there was a specific point within the 12 mile US territorial sea where individual U.S. state law ends and only federal law applies. For example, could an individual/business ...
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4answers
2k views

Is it rape to have sex with a man without disclosing that one is a male-to-female transgender?

A male-to-female transgender person meets a male partner, but does not tell the partner about being transgender. Thus, the male partner believes the transgender woman is a (cis-gender) woman, and they ...
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1answer
143 views

Can cops cut airbags out of a car before anyone gets to see it?

About three years ago, a friend of mine was involved in an accident with a fatality. Now he finds out on his last report that the police “cut” the airbags out of the car to bring them as evidence. My ...
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1answer
39 views

Which part of the Criminal Code does not apply in the territories?

The Criminal Code of Canada provides that Application to territories 8 (1) The provisions of this Act apply throughout Canada except (a) in Yukon, in so far as they are inconsistent with the Yukon ...
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1answer
104 views

Can illegally obtained evidence be used in favor of the defendant in a criminal case?

Regarding US law, my general understanding is that if evidence was obtained in an illegitimate way (e.g. under false pretenses), then it may be inadmissible as evidence to support a conviction in a ...
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1answer
76 views

How do lawyers go about determining if a juror will be impartial with regards to recent bombshell info?

In the Derek Chauvin case, two jurors were recently dismissed because they were aware of the fact that Minneapolis paid a $27 million settlement to the family of George Floyd. How do lawyers go about ...
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hearing date keeps getting extended - Ukraine

Sequence of events: November 2019: Person A and Person B are caught shoplifting at a major grocery chain in Lviv December 2019 - February 2020: Deposition/Discovery happens. First hearing. They plead ...
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8k views

Is it illegal to ask someone to commit a misdemeanor? What is this called?

In my Googling, I learned that in most states a defendant cannot be an accessory to a misdemeanor. What about someone just nagging and insisting on it?
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3answers
175 views

What exactly triggers the condition of “being under arrest”

The Chicago police used to (or perhaps still do) take detainees to a site at Homan Square, question them, take them a different police site and then arrest them. Or at least that's what they claim. ...
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108 views

Act Or Omission

D lives in a Model Penal Code jurisdiction where general principles of criminal law fill the gaps in the statutes. D is driving down a road that's not a highway but allows people to go relatively fast ...
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5k views

How is a person residing abroad subject to US law?

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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What's the difference between an accessory and an accomplice?

What are the definitions of each and what exactly is the difference?
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59 views

If a defendant was threatened with grievous bodily harm unless he caused grievous bodily harm to another, why can't he rely on necessity?

Kindly see the embolded sentence. Why can't such a defendant rely on Necessity, but can rely on Duress of Circumstances? 2.5 Duress of Circumstances In some cases where the defendant does the lesser ...
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52 views

Isn't “conspire to conspire” the same as “conspire”?

Kindly see the boldened phrase below. If you conspire to conspire, then you conspire, correct? Then how does "conspire to conspire" ultimately differ from "conspire"? An agreement ...
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1answer
59 views

Trying a foreigner in the United States - praticalities

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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1answer
65 views

How does s 1(3) of the Criminal Attempts Act explain the conclusion in Pace and Rogers that suspicion wasn't enough for that impossible attempt?

Below I boldened that sentence questioned in the title, and excerpted the fact patterns of the two cases. Please apprise me if you need any more quotations from these cases. All quotes from Herring, ...
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139 views

Can a country put a foreign criminal on trial, without catching them?

I'm thinking about a few scenarios here. One scenario is a Pablo Escobar scenario, or a Don Eladio scenario if you're a BCS fan like myself: A drug kingpin operating outside the United States, ...

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