Questions tagged [criminal-law]

For questions about laws related to crime.

Filter by
Sorted by
Tagged with
12
votes
4answers
4k 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//, ...
13
votes
2answers
658 views

How exactly does civil asset forfeiture work in the United States?

Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut". ...
16
votes
2answers
2k views

When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
5
votes
2answers
811 views

Can I be tried for something that's a crime in another state?

Florida Criminal Code 893.13(2)(a) says that Except as authorized by this chapter and chapter 499, a person may not purchase, or possess with intent to purchase, a controlled substance. and if I ...
12
votes
2answers
1k views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
6
votes
2answers
10k views

Are NDA's that include illegal activity legally binding?

With the recent outpouring of sexual assault allegations, I've been hearing the phrase "Non-disclosure agreement," thrown around quite frequently. Suppose a woman is sexually assaulted at work, and ...
31
votes
3answers
11k views

Why does the victim have to press charges?

Case in point that was in the news: "BART identifies man in viral video of racist attack on train", East Bay Times A California man attacked a stranger while expressing his hatred of the victim's ...
18
votes
3answers
34k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
17
votes
4answers
9k views

At what point does refusal to report a crime make one an accomplice to a crime?

This is a question out of curiosity only, indirectly inspired by my last question post. I'm wondering at what point not reporting a crime is itself a crime. I know that if someone happens to witness ...
13
votes
3answers
929 views

What methods exist to provide relief in criminal cases where the state refuses to prosecute?

In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect ...
11
votes
1answer
5k views

How far does the fruit of the poisonous tree doctrine extend?

Suppose that an individual has been arrested, multiple times, for possession of controlled substances (i.e. illegal drugs), but has managed to get the charges dropped or dismissed by a court after a ...
10
votes
2answers
11k views

Does the President's Pardon authority extend to crimes not committed at the time of the pardon?

Does the U.S. Constitutional power of the President to pardon extend to crimes not yet committed? I know Ford gave Nixon a blanket pardon, but he did so for acts that (might have) been committed in ...
5
votes
2answers
8k views

Is it legal to “shoot down” a drone on your property in the US?

18 U.S.C 32 states ... to include destruction of any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated or employed in interstate, overseas, or ...
4
votes
3answers
12k views

International sexting: how often is sexting overseas prosecuted? (Please read details)

I am asking for someone dear to me. This will be a hypothetical example. Hypothetically, if a 19 year old male (living overseas, say in Turkey) sexts/exchanges nudes with a female who says she is 18 ...
4
votes
1answer
10k views

Defendant compensation after not guilty verdict

My friend is currently a defendant in a criminal case. In my opinion, based on what I know about the case, it's likely the verdict will be 'Not Guilty', and that the evidence is based on faulty ...
58
votes
10answers
13k views

Why is murder considered a more serious crime than attempted murder?

By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder. If intent to kill has indeed been proven, does the latter crime reward incompetence ...
45
votes
4answers
12k 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 ...
90
votes
5answers
27k views

Stealing my own property back?

I have a guitar that I let my friend Joe borrow on the consensus that he would return it in a couple of days. Joe is a mutual friend of my ex Bob. Bob stole the guitar from Joe once he found out it ...
6
votes
3answers
523 views

Can you keep illegal information?

This answer to the question Can numbers be illegal? makes a good argument, and AFAIK it comports with the law. It follows other answers in observing that any piece of information can be encoded by ...
9
votes
1answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
21
votes
3answers
6k views

If you escaped from prison for a crime you did not commit, would you still serve the increased sentence once exonerated?

For example: you were convicted of murder and escaped and were then sentenced to years on top of your original sentence, but you were later exonerated of the crime of murder; would you still have to ...
7
votes
2answers
3k views

If two individuals who are too drunk to give consent have sex are both guilty of rape?

Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the ...
3
votes
2answers
3k views

Is defending someone being physically attacked self-defence or assault?

Suppose one day a vicious attacker (let's call him Thug) assaults Emily in the street. A bystander (let's call him Paul) rushes to Emily's aid, attacking Thug in her defense. After a few minutes, Thug ...
2
votes
2answers
2k views

If you commit a crime on the border of two different countries, which will you be charged in?

If you commit a crime on the border of two different countries*, which will you be charged in? In addition, for the sake of argument: Both countries want to separately trial the criminal The ...
10
votes
3answers
3k 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?
10
votes
2answers
2k views

Does a police officer have to get permission to break the law?

Does a police officer require permission before breaking the law? Justice Brandeis states: Decency, security, and liberty alike demand that government officials shall be subjected to the same ...
8
votes
6answers
571 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
6
votes
1answer
2k views

Can a jury always convict on a lesser included charge?

There is a question on movie stack exchange regarding the Few good men movie (spoilers) regarding why some people were not found guilty of first degree murder but only of a factually fully different ...
6
votes
2answers
2k views

Is spousal immunity affected if one spouse dies?

Disclaimer: I'm a writer trying to figure something out for a story I'm working on, so forgive me if I sound totally insane. Okay. Spousal privilege/immunity. Protects someone from having to testify ...
6
votes
1answer
862 views

Can killing be “self-defense” if you are committing a crime yourself?

Kyle Rittenhouse has been charged with murder. I believe that the facts of the incident are not in dispute, because of ample video evidence: Rittenhouse was attacked, tried to escape, and when he ...
3
votes
3answers
202 views

I just read this story about a lawsuit. Does it make any sense? [closed]

I read a fictional story about this assault/lawsuit, and I'm really stuck on some of the details. I'm trying to figure out if it was actually written correctly or not... So this guy assaulted another ...
3
votes
2answers
546 views

Why do the accused rarely plead guilty?

I notice that in the United States it seems like the accused rarely plead guilty in the case of a serious crime, even if the evidence is overwhelming. Not infrequently I will see cases in which the ...
2
votes
1answer
150 views

Is it really an abduction if the protest or resistance ends before the “victim” is “released”?

My friend ran into her ex-boyfriend at a store. They began arguing, he grabbed her and carried her to his truck, then drove off with her and didn't have her consent. She tells me that he was going to ...
2
votes
2answers
3k views

Are search warrants public records?

Are search warrants public records? Does it matter whether an investigation ended up resulting in a prosecution? If so, does it matter whether the case goes to trial? If so, does it matter whether the ...
2
votes
1answer
138 views

Getting courts to reconsider judgment when new evidence crops up

Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
2
votes
1answer
280 views

Have there ever been any thought crimes?

Has there ever been anywhere a law criminalizing certain thoughts? The closest I can find is The Treason Act 1351, which is still in force in Britain today. This criminalizes compassing or imagining ...
1
vote
1answer
394 views

Temporary theft, or, removing someones property to deliver it to their home or office

If I take somebody's property without consent, with the intent of keeping it, it is theft. If I take somebody's property without consent, but return it to them immediately, what law am I violating? ...
0
votes
1answer
189 views

Michelle Carter the person who urged a man to commit suicide sentenced to 2.5 years in prison. Is this constitutional?

Earlier this year Michelle Carter was arrested and charged with involuntary manslaughter because she urged her a guy to commit suicide. The guy was already suicidal but actually told Michelle that he ...
52
votes
4answers
25k views

How do people publicly admit to criminal activity and not typically get arrested?

I've noticed that people on YouTube and even on TV would sometimes say things like "I used to take lots of coke a few years ago" or "I used to smoke weed daily until this and that" or "Yea, I smoke ...
26
votes
4answers
11k views

Where can I report criminal intent found on the dark web?

I wasn't sure if I should ask this here or on the Tor site. I think it fits more here. I came across a Stack Exchange clone on the dark web. I won't go into too much detail or provide a link, but ...
45
votes
5answers
25k views

Why are people sentenced to prison for terms longer than life?

Albert Morake was sentenced to 1,535 years in prison. How can a person be sentenced to more than 1 life imprisonment?
11
votes
3answers
8k views

If a stolen item is stolen again, who has the liability?

This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario. Person B steals a car from person A by forging the registration in a fraudulent manner. ...
21
votes
5answers
23k views

Why aren't athletes charged with assault?

Athletes get into brawls and whatnot all the time. Mike Tyson even bit a guy's ear off. Why aren't they charged for assault and sentenced to jail time? I understand that athletes might get hurt ...
17
votes
5answers
10k views

May a person accept and keep bribes so long as they act lawfully?

This isn't a situation I'm in, but rather something I'm curious about. If a private person (outside of any position of authority) is bribed to keep an illegal act they witnessed secret, but chooses ...
12
votes
1answer
2k views

Self incrimination vs. obstruction of justice / destruction of evidence

Suppose a police officer has probable cause to arrest me based on evidence in plain sight. He wants to initiate a search pursuant to arrest. Before the officer can detain me, I put the (alleged) ...
8
votes
3answers
7k views

Can an airline pilot be prosecuted for killing an unruly passenger who could not be physically restrained?

The 'Arming Pilots Against Terrorism Act' (H.R.4635) '...shields flight deck officers from liability for acts or omissions in defending the flight deck of an aircraft against acts of criminal violence ...
7
votes
2answers
2k 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 ...
6
votes
3answers
396 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 ...
4
votes
1answer
1k views

Is normally illegal kink legal if consensual

My wife is older than age of majority and can freely give consent. She has a specific kink of wanting to be upskirted in shops. If I have her consent, can I do this without getting in trouble? If she ...
3
votes
1answer
2k views

It is legal to save and index a copy of any leaked database?

I'm wondering if it is legal to use a copy of a leaked database like the leaked Adobe database containing email addresses, encrypted passwords and password hints. I can imagine it won't be legal to ...