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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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19 votes
3 answers
4k views

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and ...
-3 votes
1 answer
87 views

would a fake murder confession be enough to delay an execution?

let's say that i've been convicted of a crime that doesn't involve murder, and i've been sentenced to death. moments before i'm executed by lethal injection, i'm asked if i have any last words, and i ...
1 vote
1 answer
116 views

What is legal in retrieving stolen property?

In another forum (next door to this one), someone in my local community made the claim (paraphrased here) I encountered a person rummaging through my car and stole some things. This person took off ...
-2 votes
0 answers
197 views
+500

Criminal repercussions for sellers of fake items

Say Rob is selling fake copies* of certain rare/collectable Christmas cards on UK eBay. The originals of these cards are issued in limited quantities by a certain well known artist every year (each ...
-4 votes
3 answers
227 views

In the Hush Money case, why was Trump not charged with the "other" crimes?

In New York law, falsifying business records (which Trump was charged with) is only a misdemeanor. However, if the falsification was done with intent to help commit or conceal a crime, then it is ...
21 votes
9 answers
12k views

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
2 votes
2 answers
187 views

Why are divination services, psychics and all that stuff not considered fraud?

Or are they fraud? Are they just tolerated? Is it that no one really has the money/time to take them to court? I am very interested in learning the rationale behind this. Any jurisdiction applies but ...
-2 votes
2 answers
218 views

If a student takes a confiscated item from teacher, is this considered theft?

I am a teacher in Florida and I confiscated an item from a student who willingly gave it to me. When I was busy working, the student took the item back without my consent. Is this considered theft of ...
7 votes
1 answer
1k views

Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?

I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
2 votes
1 answer
635 views

Understanding the Amanda Knox, Guilty Verdict for Slander

Amanda Knox is in the news again because she was re-convicted by a court in Florence, Italy, of Slandering Patrick Lumumba during a nightlong interrogation, by falsely blaming him for the murder of ...
-1 votes
2 answers
293 views

34 charges and 34 times guilty beyond reasonable doubt

Donald Trump had 34 charges against him and was found guilty beyond reasonable doubt in each single case. Is that normal or unusual? You would think that some charges have more and some have less ...
-2 votes
3 answers
278 views

How can mens rea in illegal staring be proved beyond reasonable doubt?

I saw this in London tube the other day: Intrusive staring of a sexual nature is sexual harassment and is not tolerated. See it or experience it on public transport? Always report by texting British ...
4 votes
3 answers
620 views

What is Donald Trump's crime? Why is it wrong to pay somebody money for confidentiality?

I read that the money paid by Cohen to Daniels is (allegedly) illegal. But what is illegal about it? Cohen used some housing line of credit he had. Why can't Cohen say, "Well, I helped my friend ...
-1 votes
2 answers
262 views

Can you be found guilty of a crime even if it's not you who is on trial?

If you are pressing charges against someone for assault, and during the trial against them, it is found that you are guilty of trying to kidnap their child and that's why they attacked you, could you ...
10 votes
3 answers
3k views

Under what circumstances is a legal case named "The People vs. ..."

I am intrigued by the naming of the case against Trump "The People vs. Donald Trump." As I understand it, most criminal cases are named for the jurisdiction prosecuting and the defendant. ...
-4 votes
1 answer
142 views

When a hostage is in the balance, how much is one expected to comply before they face legal trouble? [closed]

Terry the Terrorist has Holly as a Hostage at gunpoint. Bob the random Bystander happens to be there, and Terry starts making demands of him (else Terry will kill the hostage). Let's also say that ...
5 votes
3 answers
1k views

The principle of legality in criminal law, and the common law

In criminal law we find the principle of legality (and similar or subsumed principles such as nulla poena sine lege, or everything that is not forbidden is allowed, etc.). According to a prominent ...
4 votes
1 answer
367 views

Very Minor Car Collision with No Damage, Hit Car Left

Today, I tapped another car on the highway. The driver got out, and I immediately asked if he was okay. He said he had a bloody lip but that he was otherwise okay. we checked the cars for property ...
-2 votes
1 answer
156 views

A tricky question about cybercrime

Let’s say I hack into a database when I’m in America, but the database servers are physically in Iran, but to complicate it even more- the company that owns the database is European. These are just ...
-1 votes
0 answers
95 views

execution of search warrant

Idaho code states the law enforcement has to leave a copy of the inventory of anything seized during a search. what if they do not? And they search in places that are not "reasonable" to ...
0 votes
4 answers
324 views

Is a victim's testimony alone sufficient evidence to support a felony conviction?

If, for example, a woman accuses a man of harassing her, can the man be convicted of a felony and sent to prison solely on the basis of the victim's testimony as the sole witness in the case without ...
0 votes
1 answer
131 views

Remanded for a plea of Not Guilty for Reasons of Insanity?

In this scenario, someone is arrested and accused of a racism crime, for example sending racist messages through an online social media platform to another person of the same ethnicity as the offender....
-2 votes
1 answer
166 views

How many lawyers can one defendant have?

In the large-scale lawsuit against alleged "Reichsbürger" in Germany, it is reported that each defendant has 2 to 4 lawyers. Obviously, that complicates things not only for the accused, but ...
0 votes
2 answers
119 views

A matter of jurisdiction

As far as I know there are countries with extraterritorial jurisdiction when it comes to protect their citizens, so in the latter's favour. If for example a PR of Italy beats up and injures severely ...
2 votes
0 answers
113 views

Is falsification of USPS tracking information (by a USPS employee) a crime?

The United States Postal Service (USPS) provides tracking information for parcels they are handling (e.g., the delivery of an item purchased from Amazon.com). The tracking information shows how the ...
-3 votes
1 answer
153 views

Can you be charged with incitement for using reverse psychology to get someone to commit a crime?

Let's say an online service makes an unpopular business decision, and people are coming up with ways to protest the change. If I tell someone to download LOIC (a network stress testing tool that is ...
-2 votes
1 answer
120 views

Court closure incident by Judge Juan Merchan in Trump NY trial: Would this be structural error or harmless?

Yesterday, Judge Juan Merchan of the NY Supreme Court , trial division temporarily closed the court to the public by removing the press and jurors to address insolent behavior by a defense witness in ...
1 vote
1 answer
136 views

Can I physically restrain criminal in public places?

A week ago, I saw a creep crouching down outside of the womens washroom and staring inside. Can I tackle and physically restrain him until police arrives?
-2 votes
1 answer
122 views

Which law criminalises suspended/former teachers having sex with 16-year old pupils?

A UK school teacher is about to be put in jail for having sex with schoolboys, 15 and 16 years old. This question is only about the 16-year old part of the story: The jury was told that it was a ...
3 votes
2 answers
5k views

Is it illegal to pay someone to investigate another person if they're not a licensed detective?

Say Bob wants to know more about Jack, so he pays 'X' (service, company, or person) and they provide Bob will everything he asks for about the person, which could include private info (personal ...
3 votes
1 answer
208 views

Does the UK have an equivalent to the Cheek defence?

In essence, in the UK, can someone raise a defence of an unreasonable yet good-faith misunderstanding if charged with tax evasion? In Cheek v. US, the US Supreme Court stated that a defendant’s mere ...
47 votes
2 answers
10k views

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 "...
6 votes
5 answers
5k views

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Carl wants to commit a crime. He gets input from Scarlet. Little does Carl know that Scarlet is a Scammer, and leads Carl into a scam. Under normal circumstances, Carl might press charges against ...
12 votes
3 answers
7k views

What rights does a dead body have? Can crimes be committed against one?

Say Nate the nutcase happens to find a dead body on the road. Being a nutcase, he takes the dead body, and does a bunch of "weird stuff" stuff to it (e.g. satanic rituals, maybe necrophilia, ...
-3 votes
1 answer
118 views

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant?

In Maryland, anyone can press criminal charges against another person (without any involvement of police) simply by going down to the courthouse and filing a written complaint with a judicial official ...
-2 votes
1 answer
202 views

Hung Jury - time for a retrial

Imagine a person is charged with a felony but not a particularly serious felony. Perhaps the defendant is looking at doing a few months in prison. There is a trial and most but not all members of the ...
19 votes
5 answers
5k views

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

Let’s say you’re an underwater welder with a net profit rate of $500/hour of work. The government puts you on trial for a murder you didn’t commit. The proceedings take a long time and the court is ...
4 votes
3 answers
1k views

Are there countries where the defendant has the right to be absent from their trial?

In the U.S. the Supreme Court has ruled that the defendant must be present at the start of their criminal trial in order for it to be valid. Are there countries where the defendant has the right to ...
3 votes
2 answers
291 views

At what point does a DUI begin?

(Based on a scene from TV show - 'The Rookie') A woman who is clearly drunk is walking across the road towards her car. One officer sees and says "DUI" and the other correctly points out &...
-4 votes
1 answer
51 views

Misdemeanor crime. Bein charged w/ hx and have documentaton of another person taking ownership

Would someone still be charged with a misdemeanor crime if another person wrote a letter stating that he take ownership of said crime?
28 votes
3 answers
7k views

Why isn't there financial safety if I am arrested illegally? [closed]

I have been arrested approximately 14 times in my life and never Mirandized. The last time I was arrested, about 8 police officers stood around me asking me what I was doing. After I explained every ...
1 vote
3 answers
256 views

Being paid not to press charges

A situation occurred where a girl punched a male student after this student bothered her. The school official called all parents in with the male student and parents played the victim, and the ...
13 votes
3 answers
7k views

Can my stepdad steal from my room when I’m gone? [closed]

Yesterday, my stepdad accused me and my brother of stealing his batons and a few other things. My brother and I had no awareness to the fact that any of these items were missing. When we denied ...
-2 votes
2 answers
164 views

Breaking and entering vs trespassing

Scenario: A person is caught on the roof of a building without having any prior authorization to be there. When asked to leave by security/building personnel he complies. Security reports to the ...
3 votes
1 answer
347 views

Could Judge Merchan put Donald Trump on house arrest during the current criminal trial?

Could Judge Merchan put Donald Trump under house arrest where he would have to be in his penthouse in Trump Tower when he is not in court or going or coming to court? And maybe give him the weekends ...
1 vote
0 answers
71 views

Is there a statute of limitations for a Fixed Penalty Notice (FPN)?

Last November a relative was issued with an FPN for littering in Lambeth, SW London. She claims it was an accident, a tissue fell from her pocket when she took out her phone and she didn't notice. We ...
-1 votes
2 answers
100 views

Can a probable cause statement be used on two different people after the first charge on a person is dismissed [closed]

The incident occured a month before any charges were issued.The incident involved Joe Smith Jr,the officer detained Joe Smith Jr and ended up just making Joe Smith Jr sign a no trespassing order.A ...
3 votes
2 answers
143 views

Who gets to select/know the identities of the Jurors in an anonymous Jury?

Do the prosecutors know who they are? What about the defense attorneys? How does the usual process of jury selection even work in such a scenario?
3 votes
1 answer
93 views

Can anti-Israel protesters be charged with obstruct movement to a public place

According to PC647c, "It is a crime to willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place" It would seem on this viral video ...
2 votes
2 answers
150 views

On what basis are Miranda rights enforced?

According to a previous answer to one of my questions, you don't have a constitutional right to a Miranda warning, my question then is how did the USA universally develop Miranda if it was not through ...

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