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 juvenile adjudications for never-sealable offences be sealed? (Massachusetts)

Convictions for some crimes in Massachusetts such as perjury can never be sealed. However, the statute (c.276 § 100A), says that "convictions" for these crimes can never be sealed. So, if a ...
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2answers
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Is propensity evidence ever allowed as circumstantial evidence?

I, being a non-expert in any country's/state's law, was somewhat surprised when it was said that propensity evidence isn't, in Wisconsin, legal evidence; see between 5.57 - 8.15 in this video about ...
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3answers
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Ahmaud Arbery trial - what if they had witnessed him commit a crime?

In the Ahmaud Arbery trial, they tried to do a citizens arrest on him when they had no proof he had committed any crime. So, they couldn't claim self defense. This is logical. But what if they had ...
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2answers
201 views

Can someone be arrested for not being ‘nice’ to police?

We came out of a night club and there was a police car with dogs barking at the back of it. For some reason this fascinated my friend and he stood behind the police car laughing and watching the dogs ...
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1answer
132 views

If a cop is mistaken in his belief that X is true, where X would typically be grounds for reasonable suspicion, does he have reasonable suspicion?

If a cop is factually mistaken (but sincerely mistaken, not a liar) in his belief that X is true, and if X would typically constitute grounds for reasonable suspicion (were it to be true, which it isn’...
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2answers
24 views

What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque

A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
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98 views

Can one intimidate court appointed lawyers into quitting to exhaust the full list?

This question is based on a real case in a country in Eastern Europe. The defendant being accused of running an organized crime group, seems to be intimidating all the court appointed attorneys into ...
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2answers
114 views

If you borrow something but can't contact the owner to return it, does it become yours?

Do I become the owner of a device someone lets me borrow if I can't return it? Say someone lets me borrow their iPad since I need an Apple platform for a project. They say I don't need to return it ...
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1answer
188 views

Would Anthony Huber be considered armed at any point?

Anthony Huber was carrying a skateboard when he encountered Kyle Rittenhouse. When Mr. Huber struck Mr. Rittenhouse with the skateboard, did the status of the skateboard change from simply an object ...
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3answers
157 views

Does partiality discredit witnesses?

In criminal trials, when a regular (non-expert) witness does not like the defendant (and admits it when asked), does that alone give a valid reason to discredit them to any extent at all? Can the jury ...
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1answer
38 views

Joint Enterprise and Witness Intimidation in UK

(For MOOT case). An accused burglar is currently in an ongoing criminal trial. The accused burglar tells his friend details about the person who accused them. The friend, after hearing about the ...
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Could a cell phone carrier sell this privacy plan?

Suppose Verizon offered a "privacy plan" (e.g., for $50 extra per month) in which they intentionally delete any location/ping/connection/dialing history data from their servers/towers such ...
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6answers
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What crimes did Rosenbaum commit when he engaged Rittenhouse?

The jury has found Kyle Rittenhouse not guilty of murder of Joseph Rosenbaum based on the defense's claim that he acted in self defense. Given the facts outlined by this NPR article, it appears that ...
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2answers
244 views

Is a lawyer allowed to point an unloaded gun at the jury, if it's just for a demonstration?

I understand that sometimes arms have factual bearing on cases and have to be entered into evidence but how anyone managed to point a gun at a jury and not get rugby tackled by a bailiff is beyond me. ...
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2answers
206 views

Is mutual self defense a thing? [duplicate]

Given very similar facts to the Rittenhouse case, but where the other guy shoots first, could that guy as a defendant claim self defense and win? Imagine two sides in a conflict which hasn’t resulted ...
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1answer
120 views

Are there statistics on how often Mistrial with Prejudice happens in the US?

During the Rittenhouse trial I was surprised to learn there's a legal concept called Mistrial with Prejudice. Are there any statistics on how often this happens in Federal and State courts in the US ...
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3answers
235 views

Where is the line in regards to jury intimidation?

I have been closely following the Kyle Rittenhouse case closely. During a discussion on whether the jury could view video evidence multiple times, protesters with megaphones could be overheard in the ...
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1answer
84 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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3answers
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What happens if I sell the same physical item to several people?

Follow-up question for Could a contract with ludicrous terms be enforced? At the end of the hypothetical there, they raise the possibility of someone secretly selling the same physical item (a unique ...
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4answers
5k views

When there is a hung jury, is it reported how badly it is hung?

I would think it would be important to the State to know how many hold-outs there were. It seems like it would effect the cost/benefit analysis the State makes when deciding whether to re-try the ...
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2answers
10k views

Are lawyers allowed to lie about the law during closing arguments?

In his closing arguments during the Kyle Rittenhouse case, the prosecution said (full quote) that “You lose the right to self-defence when you’re the one who brought the gun, when you’re the one ...
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1answer
5k views

Isn't a hung jury proof of reasonable doubt?

I don't understand the logic with allowing additional trials after a hung jury. Isn't the fact that the prosecution can't get 12 jurors to agree the accused is guilty proof that guilt was not proven ...
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1answer
59 views

What 2012-2015 SCOTUS decisions make "letter[s] from the grave" inadmissible into evidence?

I've read this interesting bit: In a 2008 trial where a man was accused of poisoning his wife with antifreeze, Schroeder allowed into evidence a letter the wife wrote a neighbor accusing the husband ...
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1answer
172 views

Can a person doing criminal activity claim self defense if the criminal activity has nothing to do with why he is attacked? [duplicate]

Basically what Kyle Rittenhouse did is clearly self defense. However, he is carrying a gun against the law. So he cannot claim self defense. Is this true? The reason I ask is I thought that the ...
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1answer
148 views

Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?

In the heated exchange between the judge and prosecutor (see 2nd video here) in the Rittenhouse trial, the judge says that he admitted "90404" evidence in other trials that the defendant was ...
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Is there any jurisdiction where this booby trap is legal?

It's been well established through other discussions here that booby-trappping one's property is both tortious and illegal in the United States. My question is whether it's known to be legal in any ...
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Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar

In this hypothetical scenario lets say there was a law firm that has only one lawyer to file all paper work, make all court room appearances to represent the firm. All of his work, however preparing ...
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1answer
77 views

Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?

If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
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3answers
7k views

How bad does your lawyer need to be for your trial to not be fair?

I am watching the Kyle Rittenhouse trial, and his lawyer just seems horrible. He doesn't object to anything. For instance, he didn't object once when the police officer who downloaded the videos was ...
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2answers
456 views

Kyle Rittenhouse's reckless endangerment charge

Kyle Rittenhouse shot Joseph Rosenbaum four times, killing him. He was charged with murder for this, and also reckless endangerment because Richie McGuinness was some distance behind Rosenbaum. If ...
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87 views

Laws concerning stealing and killing [closed]

I have two questions: Is stealing your stolen cell phone considered a crime? Is killing a dead person punishable? Please provide legitimate sources.
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449 views

Is Double Indemnity conduct which can be considered both civil and criminal?

In a basic introduction to law class (major is computer science, I'm in the UK and the focus of our course is England and Wales) we were told that conduct which can be considered as both civil and ...
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1answer
84 views

Which laws are broken if a company rents out ransomware?

Suppose a company writes and owns a software that can be used to commit ransomware attacks (say break into someone elses IT system, encrypt everything, demand ransom for decryption). The software also ...
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1answer
92 views

US equivalent of "no case to answer" before trial

At least in New Zealand and the United Kingdom, criminal defence can make a "no case to answer" application before trial (they can also make one at the close of the prosecution's case during ...
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2answers
126 views

What are the laws around punching someone for calling you a name?

I am looking to learn about something I know nothing about, please excuse my terminology, I am looking for leading answers to learn. If I call someone a name "you dumbass" and they punch me ...
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1answer
44 views

Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?

Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
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When bounties are offered for information leading to a conviction, how is it decided who gets it?

Inspired by this article, how exactly is it determined who gets the bounty? Surely the police get many tips, do all informants get paid? Is the bounty split or do they all get the full amount? If ...
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2answers
1k views

Felony codes in Frank Artiles fake campaign case in Miami-Dade

Frank Artiles, a former Florida state representative and senator, was charged with felonies in connection to a scam candidate scheme in Miami Dade County. There was a general question asked about the ...
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1answer
110 views

Could there be legal action against me for non-payment of rent with no written contract? [closed]

I have occupied a room in freehold from a family for about 2 years now. There was never a lease. For the past 10 months I have not been living there (but at my girlfriend's place), I go there once a ...
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1answer
75 views

Legality of commiting a crime, car theft

I am interested in knowing about the legality of committing a crime in a situation that disable another crime from happening while protecting one's life or property. For example: A man a has a car. ...
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2answers
81 views

Would a dog attack ever be considered an assault with a deadly weapon?

Ingrid and her neighbor Fatima have a long standing dispute. One day Ingrid's dog bites Fatima. Aside from civil liability, are there circumstances where Ingrid might face assault charges, including &...
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2answers
261 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 ...
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1answer
117 views

If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
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10answers
6k views

Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?

In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
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2answers
3k views

Can messages in messaging application be used as evidence to accuse someone?

For domestic violence, sexual assault, and stalking, abusive partners can misuse messaging to harass, intimidate, and threaten. How significant is evidence of messages in a messaging application (like ...
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1answer
88 views

Does the High Court ever exercise original criminal jurisdiction?

Does the High Court of Justice of England and Wales (Queen's Bench Division) ever exercise original criminal jurisdiction in serious cases (eg, a terrorism trial) in modern times? Has it ever ...
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1answer
85 views

Can a retrial admit evidence given in the original trial?

Say there was a criminal trial, and the verdict was later set aside on appeal due to some critical procedure errors happened during questioning of one specific witness (out of many). For example, a ...
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2answers
406 views

How does good faith defense work with a strict liability law?

I was scanning Wikipedia's article on strict liability in the US and it has this quote: However, in United States v. Kantor,[15] which concerned underage pornographic actress Traci Lords, the Ninth ...
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2answers
163 views

Mail sent to my address for someone who doesn't live there and I don't do any work for free [closed]

I don't work for free. I don't write on envelopes, call the post office, or do anything that I don't personally want to do unless I am getting paid to do it. I keep getting mail in my mailbox that ...
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1answer
91 views

Is it illegal to parachute from a paraglider in the UK?

Question 1: Is it illegal to parachute from a paraglider in the UK? The jumper and pilot would know and understand what they are doing. Jump would (ideally) take place over an unpopulated body of ...

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