Questions tagged [criminal-law]

For questions about laws related to crime.

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32 views

If a police officer has taken the keys of my car away from me, who are the police allowed to return them to?

I was accused of stealing from a store from a worker so she tried to stop me from driving away. I was later arrested by the police because she claimed that I was attempting to harm her with my car. ...
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180 views

In Canada, is there an individual cause of action against a perjurer or police?

Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1 In Canada, could you sue the perjurer? Suppose you lost your job, ...
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28 views

Would it be legal to eat cultured human meat?

A common trope in science fiction is that in the future meat is grown as a tissue culture in vats rather than as part of a living animal. This is obviously more humane as nothing with a brain has to ...
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83 views

Federal judge sets aside state jury verdict

In a recent case involving an accusation of extortion, a Federal judge set aside a guilty verdict by the jury. Why was the case even being heard by a judge, rather than an appellate court? From the ...
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3answers
5k views

Is it illegal to report a potentially illegal website to a message board (Reddit)?

As a hypothetical question, I've accidentally stumbled upon a website that may contain illegal underaged material. Due to a lapse in judgement, I posted/reported this to Law-based Reddit forum to ...
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3answers
311 views

Why *must* a defendant be present during a criminal trial?

The Sixth Amendment guarantees: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.... I recently discovered that, in general, these ...
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1answer
540 views

When does trepassing warning expire?

Somebody tells me to not come on their property. When does the warning expire? The statute of limitations is about a year, is that enough?
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493 views

Was cannabis legal in the U.S. in 1969-1970?

In 1969, Timothy Leary challenged the Marihuana Tax Act of 1937 in Leary v. The United States. Leary claimed that the requirement to have a tax stamp to possess cannabis, while also requiring ...
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1answer
81 views

Drinking alcohol before DUI inspection

As a hypothetical question: A driver crashes his or her car and anticipates that the police will eventually come and conduct a field sobriety test. The driver then, after the crash has occurred and ...
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6answers
8k views

What will happen if someone/a group can't be confirmed that they commited a crime?

What will happen if (Bob) with 6 friends murder a person (Jake) in a room with 20 people, but after the police arrive they can't confirm which people in the room committed the crime? What will happen ...
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1answer
45 views

Consequences of making changes to plea after all parties have signed the agreement

Can a prosecutor make changes to a plea deal once all parties have signed? For example: If someone was to plea (deal) to and was convicted of manslaughter. However then the prosecutor changed the ...
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2answers
280 views

One crime multiple charges?

I often read in the "papers" that a suspect is charged with multiple counts of the same crime. Latest example are the parents of Andrew Freund, according to this article, each parent is facing "five ...
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157 views

if im arrested and in the back seat how far can the police break traffic laws?

I was arrested and placed in the back of the cop car. They didn't put on my seat belt. They ran 7 red lights and went in speeds of 97 miles an hour on the freeway. When is it crossing the line? Is ...
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89 views

(How) Can a state be accountable for murder?

Premise: The fiancee of Jamal Khashoggi has said the world has failed to hold Saudi Arabia to account There are quite a lot of cases when agents of a state can kill (with or without sanction) an ...
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Can I be charged for murder if I throw peanuts at someone who has a severe peanut allergy and they die as a result of that?

Assuming I already knew that they had a peanut allergy, and my intention was to hurt them, but not necessarily to kill them.
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270 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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82 views

Can I legally trap someone on my property that has committed a crime?

Let's say that someone comes onto your property with the intent to commit a crime. Not only that; let's say that you suspected this person would come to commit a crime, and you created a one-way door ...
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1answer
98 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
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286 views

Is my record still clean?

Imagine this hypothetical: I was in fight with a male relative and I hit him on the back in front of officer, (who came because the neighbor was reported for screaming). The officer grabbed my arm, ...
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6answers
8k views

How would the actions of Hänsel and Gretel in the Grimm tale be interpreted in modern law?

This came up as a layman’s law question. I thought of this when reading the classic Grimm tale Hänsel and Gretel to my children. The situation is as follows: The witch imprisons Hänsel with the ...
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5answers
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Is an abuse of power necessarily a criminal offence?

Trying to make sense of the conflicting opinions regarding the 2020 impeachment proceedings in the USA. In particular, is the claim that an abuse of power does not necessarily has to be a criminal ...
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3answers
6k 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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41 views

What evidence is needed to arrest someone on a restraining order?

My ex boyfriend approached me in violation of the order. Nobody I know was around. Police said I need to file a violation with the court I obtained the order. Is this a civil or criminal matter and ...
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Is ban evasion illegal?

What is the legality of "Ban Evasions"? This sounds like a dumb question but perhaps enlighten the ignorant. Ban Evasion, "The creation of a new account on a platform or website after being ...
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4answers
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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 ...
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91 views

Writing a story. A criminal is on the border of a state with different drug possession laws

The character is leaning his head across state lines and getting high of an unknown substance, which isn't federally scheduled, and is legal in one state, but illegal in another. In the illegal state, ...
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1answer
88 views

If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met?

I have a friend who has been charged with criminal threatening. This kind of law is not supposed to be applied when a person makes a threat against someone attacking them. In NH the phraseology is as ...
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1answer
256 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
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1answer
104 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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1answer
143 views

When does a warning become a threat?

The other day while on a vacation I drove past a property and saw a sign that read Trespassers Will Be Shot On Site I've never seen a sign such as that, I was a little taken back. After some ...
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552 views

Is taking an injured person to a hospital without their consent kidnapping?

I found this definition of "kidnapping" on Google: kidnap, verb. Take (someone) away illegally by force, typically to obtain a ransom. Synonyms: abduct, carry off, capture, seize, snatch, take ...
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108 views

Drug dealer & criminal signed the lease agreement

Say someone signs a lease with someone else. For clarity the drug dealers name will be Mike and other persons name will be Steve. Now Mike begins to drug deal and do drugs inside the house along with ...
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66 views

Is it illegal to create code that causes damage to a computer system?

I'm reading about the Computer Abuse Amendments Act of 1994 and I just read: 'it is illegal to create any type of malicious code that might cause damage to a computer system.' Can someone clarify ...
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1answer
143 views

Rape video on phone

This question is for England-and-Wales only and relates to criminal Law. If the police were to search a suspect's phone, although I doubt it makes any difference as to whatever the device is, what ...
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4answers
196 views

If a potential suspect wishes to speak to the police and can't afford a lawyer what is the safest way to do so?

Let's say that an individual, let's call him Bob, has been contacted by the police who want to speak to him about an associate of his that was recently murdered. Bob is not under arrest, but Bob ...
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1answer
114 views

Where do I go when police refuse to investigate someone who made purchases with my debit card?

A few months ago, my debit card information was stolen and used to purchase some computer equipment in the state of Oklahoma, but the perpetrator lives in the state of Florida and I live in the State ...
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1answer
49 views

1980s California murder trial transcript

I'm not a legal student or scholar, but I'm looking to get my hands on a full transcript of a California murder trial from the 1980s in which the defendant recieved the death penalty. Since the LA ...
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121 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
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2answers
110 views

Isn't all fraud criminal?

Isn't all fraud technically criminal, and whatever you can sue for civil fraud could also be sued by the government as criminal fraud? Is it just a matter of whatever the government decides to ...
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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 https://freevideotomp3.com//, ...
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1answer
122 views

Could someone lacking a name be put on trial?

A man washes up on the shore in the middle of the night. He staggers into the nearest town, where he bumps into a woman walking home on her own - and, after a brief, confused altercation - he ...
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1answer
72 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
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2answers
78 views

Should an “add on” charge of “resisting” be automatically dropped if the main charge is acquitted?

Suppose someone gets arrested for a crime they know they didn't commit, and in the process of being arrested, the also get slapped with a resisting charge. My question is, if they are totally ...
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1answer
55 views

Mayhem duress hypo

Don Brasco was a FBI agent doing undercover work. One night Don and his accomplices drive up to a shack. The others get out of the car and instruct Don to stay in the car. Don does not know why they ...
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Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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3answers
101 views

Accountability for famous people [closed]

If a heavily famous person (let's suppose a famous football player [I don't call it soccer]) kills an other ordinary civilian and there's proof of such an act, will he get away with his crime, ...
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3k views

What crime has someone committed if they “kill” someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
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85 views

Is it stalking to pay someone's bills?

I am paying a girls bills who has a restraining order against me, is it stalking/harrasment to pay her bills when she won't contact me?
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Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

When Indian updated 377 and decriminalised the homosexuality that time Jammu and Kashmir still had 370. Does 370 stop decriminalising of homosexuality in the state? Now 370 has been removed in a most ...
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1answer
355 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....

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