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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-3 votes
3 answers
85 views

The spectrum of legality

I've always envisioned "legality" as a spectrum, with the label of completely illegal at one end, and the label of strictly legal at the other end. In the middle, I see different levels of ...
-4 votes
1 answer
74 views

Woman harrassment at Corporate workplace

Can a criminal case be filed for the following information provided below against the Top management of the corporate and against immediate supervisor whom she was reporting to with FIR at the police ...
2 votes
2 answers
29 views

Find case law for Acts of Parliament

I am new to the field of law, focusing on common law (criminal only) in the jurisdiction of England & Wales. I have searched the government legislation website for various acts, in this case the ...
2 votes
0 answers
186 views
+50

Under what circumstances could laying hacker "traps" cause civil or criminal liability for non-law enforcement civilians?

The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
1 vote
1 answer
20 views

Summary-only offence time limits

I was reading about Summary only offences here, focusing on the England & Wales jurisdiction, where the general rule is a six months statute of limitations. The general rule for time bars on ...
2 votes
1 answer
73 views

Is it blackmail to menace someone with reporting them to an authority if they don't comply?

Under the Crimes Act (Vic) https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s87.html it mentions that you cannot menace someone in order to obtain some benefit or to cause ...
5 votes
2 answers
84 views

What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
1 vote
1 answer
95 views

Could a person be convicted for violating the US Flag Code?

If I understand the US Flag Code correctly, it is a federal law which prohibits certain actions, but does not allow any penalty for violations. Could a person technically be convicted under the Flag ...
3 votes
3 answers
855 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 ...
1 vote
1 answer
213 views

Is possession of a firearm in Spain only punishable by a fine?

I have read on the Interior Ministry website (Google translation link) that in Spain possession of a firearm, in the absence of any other crime (such as armed robbery) is only subject to a fine of up ...
9 votes
1 answer
1k views

How can Not Guilty by Reason of Insanity and Guilty but Mentally Ill exist in the same legal system?

I was reading about the two types on insanity pleas, known as 'NGRI' (Not Guilty by Reason of Insanity) and 'GBMI' (Guilty But Mentally Ill). For example, a good excerpt is here on Google Books. ...
3 votes
4 answers
17k 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 ...
-2 votes
1 answer
107 views

Explicit images sent to children

I know that explicit images of minors are illegal, as it constitutes child pornography. However, is it illegal for a child to consentingly receive explicit photos from an adult?
1 vote
2 answers
95 views

Legality of "counter-blackmailing" with calling/reporting to the police

Is there an exemption to the illegality of blackmailing if that blackmailing is of the sort "if you don't stop blackmailing me, I will call the police"? Why am I asking this exactly? A more ...
1 vote
1 answer
130 views

When is it blackmail?

In what cases may I threaten to publish disparaging information about a corporation if certain demands are not met? For example 1) Suppose my HVAC contractor overbills me and demands payment. I ...
1 vote
1 answer
73 views

If a company tells you to commit billing fraud, what might be the consequences for doing so?

If a company tells you to commit billing fraud, what might be the consequences for doing so? Let's say you committed billing fraud, because the company told you to do so. Do you have to pay the amount ...
8 votes
3 answers
1k views

Are there any legal systems where "guilty until proven innocent" is actually a thing?

Related: What different legal-systems are there? The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is ...
0 votes
0 answers
36 views

Is a recorded telephone conversation admissible evidence if someone is being told the conversation is not being recorded?

Given the situation in which person A is recording a telephone conversation with person B, if person B asks person A if the conversation is being recorded and person A says ‘no’, is the conversation ...
-2 votes
2 answers
182 views

In 2011 two 14-year-old girls held an 11-year-old boy down and stripped him completely naked

The girls then uploaded a video of him being held down naked to Youtube and they weren't prosecuted, why is this? https://web.archive.org/web/20110604124555/https://www.winknews.com/Local-Florida/2011-...
1 vote
1 answer
174 views

Am I responsible for accidental damage done by an electrician?

If I hire an electrician to do some job, and he caused a fire at the house. Am I also somehow legally responsible for the accident because I hired him and not another electrician, who might have been ...
2 votes
1 answer
111 views

What can someone do when scammed in the crypto world? How to report the scam and recover your crypto?

Do the police work against scammers and fraudster in the crypto world? How can someone report to law enforcement a fraud in crypto space?
-2 votes
1 answer
110 views

What content is banned in Germany in WhatsApp profile pictures?

There is an image being published in the internets which shows that, allegedly, in German city of Paderborn having the letter Z and the Russian flag in your WhatsApp profile is a violation of section ...
10 votes
2 answers
251 views

Are the relative levels of fines and imprisonment disproportionate?

Most non-violent crimes are punishable by fine or imprisonment. But the maximum term of imprisonment has often struck me as far out of line with the maximum fine. For example, even if I am a minimum-...
1 vote
3 answers
143 views

Making specific accusations about non-specific people

Making accusations of a (serious) crime without evidence is, as far as I understand, illegal. If acusations are knowingly false, this is in fact a crime, of perverting the course of justice, otherwise ...
5 votes
1 answer
607 views

What law(s) did Paul Bussetti break when he burnt the model of Grenfell Tower?

Paul Bussetti has just been given a 10-week suspended jail sentence for burning a model of Grenfell Tower (The tower in London that caught fire in 2017 killing 72 people). Having read that BBC article ...
0 votes
0 answers
33 views

Is Ground Glass (still) illegal in Arizona? [duplicate]

I was watching Hamilton's Pharmacopeia and on Season 2, Episode 4, it is claimed that Ground Glass is illegal in Arizona. I tried to do some digging to confirm or falsify that, but the earliest ...
0 votes
0 answers
34 views

Can the government arrest Will Smith for assault even if Chris Rock does not make a case? [duplicate]

In South Africa police people don't have to wait for a case to be opened. If there is evidence that you did a crime you can be arrested regardless of what the victim stance on the matter is. Is this ...
0 votes
0 answers
39 views

Can testimony from a mistrial be used in succeeding trials?

On the 12th of August 2012, 15-year-old Bobby Moore III was shot and killed by Little Rock (AR) PD officer Joshua Hastings. I highly recommend reading this article that covers the case pretty well, as ...
9 votes
2 answers
2k views

Is any photo of a toddler without a shirt on child pornography?

The mother of my goddaughter's has many times insisted that her girls (3 and 1.5 years old) cover their nipples before she can take a photo of them if they are doing something cute or photo worthy and ...
20 votes
5 answers
4k views

"Pressing charges" - is it needed to bring a charge?

In movies, it is often the case that we see police decline to proceed with a case because the victim "refused to press charges". Recently we saw this with the battery of Chris Rock by Will ...
0 votes
1 answer
67 views

In Texas, can prosecutors be defense attorneys for free outside the job?

In another thread, I was told that DAs and other prosecutors are typically prohibited from engaging in volunteer, pro bono work. However, I've now come across the following Texas Bar statement, which ...
-4 votes
2 answers
98 views

Is it possible for lawyers defend you in a Civil-legal-system?

I have seen solicitors and in turn barristers defend people in Common Law jurisdictions, but from my understanding this should be much harder to do in a Civil-legal-system because it is so rigid. I ...
18 votes
1 answer
7k views

Can an "FBI domain seizure" April Fools joke land you in jail?

I found this GitHub repository that contains collection of several different intelligence agency domain seizure pages, including FBI domain seizure. It is meant to be used by said agencies for real ...
4 votes
4 answers
221 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
1 vote
1 answer
64 views

Computer Misuse Act 1990 vs Police and Justice Act 2006

I am studying towards a qualification called CREST CPSA, reading through their syllabus guide here. It covers some sections on Law that I was hoping to clarify on here. On PDF page 6/20 it covers the ...
3 votes
1 answer
175 views

Vandalism, or free speech?

I'm in Michigan. There are a few scenarios. I hang a sign by a string to a person's car I attach a sticker to the window of a car Using washable window paint, I draw on a car window. Are any of ...
1 vote
1 answer
76 views

While stopping an active shooter, if I accidentally shoot a bystander, could I be held criminally and/or civilly liable?

The question pretty much covers it, but I will elaborate. Let's imagine I am in a public place, such as a mall, or some other large gathering of people, when I hear gunshots ring out. Let's say that I ...
-4 votes
2 answers
137 views

Why are the other three police officers in the Murder of George Floyd case also charged?

https://en.wikipedia.org/wiki/Murder_of_George_Floyd Kueng, Lane, and Thao: State charges: Aiding and abetting second-degree murder Particularly for Thao, he did not touch Floyd at all. So Thao ...
2 votes
1 answer
102 views

How high is the bar for a full-blown surveillance?

Consider a scenario involving a full-blown surveillance: email monitoring, cellphone monitoring, online activity monitoring, credit card monitoring, bank account monitoring, and also, 24x7, door-step, ...
5 votes
1 answer
113 views

Can disjunction elimination be used to convict someone of a crime without knowing which crime they committed?

Three different crimes are committed (for simplicity; the same type of crime, just distinct counts) by three different people. Someone is arrested based on evidence that proves they committed one of ...
0 votes
0 answers
32 views

When was the first criminal court trial with DNA evidence in North Dakota?

I want to find the first criminal court trial with DNA evidence in North Dakota, that led to conviction. I have found the case of Dale Joseph Burke, who was convicted for murder on September 17, 1998 (...
1 vote
2 answers
162 views

Is it legal to steal a car to save your life when your life is in danger?

Person A is bein chased by person B who is carrying a knife. Person A has good reason to believe that if person B catches him, his life will be in danger. As person A runs away, he sees a convertible ...
0 votes
1 answer
38 views

Mandate vs Law Distinction

I have general concerns about government overreach and encroachments upon liberties. On several occasions during the last two years I've heard people mention that a mandate is not a law. I'd like to ...
1 vote
1 answer
93 views

What laws/regulations/statutes must LexisNexis follow regarding opt-out privileges of certain groups

One can go to LexisNexis to suppress information. There are several options on why you want your information suppressed, but three stood-out: I am a public/elected Official I am a law enforcement ...
5 votes
1 answer
2k views

Is fulfilling the duties of a "second" in seppuku a crime in modern Japan?

Seppuku is a Japanese suicide ritual by disembowelment that was often used by Samurai to attenuate shame or avoid being captured. The ritual traditionally involves a "second" who would perform a ...
5 votes
1 answer
418 views

The parties in an appealed criminal case

I have a question with regards to the parties of a criminal case on appeal. In a civil case for example, Adam v Seaside Holdings Ltd, the parties are: Appellant: Adam Respondent: Seaside Holdings Ltd ...
-1 votes
1 answer
89 views

Is there a model of a legal defense similar to the kill chain? [closed]

The kill chain is a model of an attack used by the military. It breaks an attack into multiple phases so if you stop the attack at any phase you win. https://en.wikipedia.org/wiki/Kill_chain Is there ...
1 vote
1 answer
122 views

Can the publication of one's own purported "Principles" constitute criminal fraud?

Our legally-constituted artisans cooperative has been a supplier to 'Fair Trade' retailers since 1975 at an average of 5000usd$/month in product sales. The Fair Trade umbrella organization publishes ...
22 votes
1 answer
5k views

Is it legal to forge a Permission to Attack during a physical penetration test engagement?

When doing penetration testing (hired as a security consultant to examine and test a company's security by simulating an attacker), it's necessary to have a document called "Permission to Attack&...
-1 votes
3 answers
156 views

It is illegal for someone to use software applications on a found laptop computer?

I am curious to know if it is illegal for someone to use software applications on a found laptop computer. For example, let's say that you go to a bus stop and there is a laptop computer sitting on a ...

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