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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37 views

Can one “possess” something without receiving or producing it?

According to Wikipedia, concerning the legal status of fictional pornography depicting minors in the US link here: The mere possession of said images is not a violation of the law unless it can be ...
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94 views

Can someone be indicted for possession of illegal material through access logs alone?

If police obtained a search warrant to seize a suspect's electronics on suspicion of illegal material on their hard drive on account of them having access logs that the suspect viewed such material, (...
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0answers
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Does being an outlaw remove you from the protection of the law? [closed]

Does being an outlaw remove you from the protection of the law?What are the reasons why the outlaw system is now gone? And is a person who refuses to take the oath of a citizen to obey the law an ...
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1answer
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Is it legal for an 18 year old moroccan man to sext a 17 year old vietnamese girl?

Say a hypothetical 18 year old man from morocco has been texting a vietnamese girl online, and they mostly just talk about hobbies and common interests but she started sexualizing the conversation, ...
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5answers
3k views

Is there any way to hold a judge accountable for the harm caused by a bad decision?

Here's a hypothetical scenario, loosely based on something that actually happened to some people I know. Bob attacks Alice and injures her. Bob is charged with assault and battery. Trial by jury is ...
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2answers
84 views

Can a jury award a defendant in a criminal trial money?

Hypothetically, Adam is charged with a crime and stays in jail for a few months before going before a jury. The jury decides that not only is Adam innocent, but he's so obviously innocent that he ...
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1answer
53 views

What does “beyond a mere matter of compensation” mean?

I'm guessing that "compensation" means pecuniary damages, thus "matter of compensation" means private law (contract and tort). Is LCJ Hewart saying that the accused negligence's ...
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1answer
81 views

What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania?

What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania? My husband was pulled over in Pennsylvania. There was nothing in arms reach out in plain sight to ...
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5answers
240 views

Can etiquette prevail over the law?

I was preaching and approached a lady. She said "no I do not want to listen" so, I left her. Then I saw some children. As I went toward the children, the lady started shouting. She stood up ...
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1answer
145 views

What worst outcomes Derek Chauvin can expect on appeals?

Will Derek Chauvin's situation get worse on unsuccessful appeals? Is there a rule, law, or reasons that prevent him from going deeper into the appeal process to gain a more favorable/lenient ruling?
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Legality of intentionally sending patches with security vulnerabilities to open source projects

Referring to no one and no incident in particular, imagine that some individuals, interested in performing a social/technical experiment, designed some changes to an open source project, knowing that ...
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1answer
114 views

Jury completes deliberations, but a juror dies before the verdict is read

Suppose a person is on trial for a serious crime and the case has been sent to the jury. After some deliberation, the jury comes up with a guilty verdict. Before it is read in court, one of the ...
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2answers
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Being convicted for murder and manslaughter for the same act [duplicate]

Derek Chauvin has just been convicted of both murder and manslaughter for the same crime (killing George Floyd). I understand how one person can be charged with multiple offences for the same crime (...
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1answer
78 views

Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so?

Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so? Let's say you make up a bunch of numbers to pay 1,500$ instead of 5,...
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2answers
125 views

On what grounds could threats of civil unrest overturn the results of a trial?

On Saturday, April 17, 2021, United States Congresswoman Maxine Waters called for protesters to “stay on the street” and “get more confrontational” if former Minneapolis police officer Derek Chauvin ...
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55 views

Why don't most criminal convictions also come with an additional charge of making a false claim to law enforcement?

It appears that the vast majority of suspects proclaim their innocence to police at some point in the process (while being arrested, during an interview, etc) Later, many of these people admit their ...
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1answer
53 views

How long is Ghislaine Maxwell's trial likely to last? [closed]

A friend wants to visit NYC and go to the trial starting 29 July. She's wants to stay a month. I reckon the likelihood that is 1) the start date will be moved back, and 2) it will run way, way longer ...
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2answers
107 views

Is advertising a product as “Chemical Free” false/misleading advertising?

Many products, often times foods or cleaning supplies use the phrase "Chemical Free" in their advertising and packaging. This is often used in products containing more naturally derived ...
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1answer
79 views

Crime in one country, criminal from another, what's the legal recourse?

Consider a hypothetical situation where a USA citizen, present in Sri Lanka either legally or illegally, commits some murders and flees back to the USA. What can be done to bring this person to trial? ...
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3answers
92 views

What measures are taken in very famous trials to ensure that the jury is not influenced by what emotions they assume to be stirred up by the verdict?

Derek Chauvin's current trial seems to be one of the most followed and most emotionally significant trials. Feelings and opinions are strong on both sides. Many consider it an open-and-shut case (some ...
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1answer
88 views

Would drug intoxication be considered a “pre-existing condition” for the thin skull rule

The Thin Skull Rule, also known as Eggshell Skull Doctrine states that the unexpected vulnerability of an injured person is not a valid defense to the seriousness of any injury caused to them. In the ...
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2answers
104 views

Aren't laws actually just logical axioms?

For example, don't kill people. If everyone killed each other then laws wouldn't exist. Same with theft or any other basic law. Or, pay taxes. Without taxes Government would collapse and law wouldn't ...
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1answer
955 views

Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the ...
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2answers
150 views

Is the prosecutor's fallacy still an issue in cases today?

I'm writing an article about the misuse of statistics in the courtroom. Of course one can not have this conversation without mentioning of the so-called "Prosecutor's fallacy". Most of the ...
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2answers
169 views

Can a witness pleading the 5th be used as evidence?

In the Derek Chauvin trial, Morries Hall, a key witness for the prosecution has plead the 5th because he worries his testimony could result in charges against himself. My question is, is the jury ...
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1answer
57 views

Follow-up question about summary only offence

I am following on from a question that I posted here. Person A: Reported suspect for one indictable offence. Person B: Reported suspect for several summary only offences. I understand based on the ...
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5answers
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Why is stealing from an employer a criminal act when stealing from an employee is a civil act?

Here is the full question with all the context and details: In the majority of cases in the U.S. about theft at a workplace, why is the matter usually tried in a criminal court when the employer is ...
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2answers
642 views

Does 18 USC 1542 contain a materiality requirement?

18 USC 1542: Whoever willfully and knowingly makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United ...
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1answer
152 views

Could the “Honest Thief”-deal be legally possible?

If you're planning the watch the movie Honest Thief (2020): Spoilers ahead! The protagonist of the movie above is a thief who "robbed 12 banks in 7 [US] states" for "a little over 9 ...
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3answers
3k views

Alternative systems without the Right to Remain Silent

As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system. Jurors are usually supposed to rule as if the defendant testified in the manner ...
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2answers
114 views

Is it legal in the UK to 3D print a firearm design if it is made impossible to fire?

In the UK firearm regulations are very strict, but I would like to learn about them like in the other countries. Is it okay to print 3D gun designs if I make sure none of the parts can shoot real ...
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1answer
437 views

Can the police seize your phone without a warrant UK?

This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland. If the police arrest someone over a ...
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5answers
243 views

Can you get into trouble for not answering questions when talking to the police? [closed]

https://www.youtube.com/watch?v=YWUx3-b0F_Y Can you get into trouble for not answering questions when talking to the police? Or is this a legit cheat code that can get you out of trouble? Which one is ...
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1answer
144 views

Can cops cut airbags out of a car before anyone gets to see it?

About three years ago, a friend of mine was involved in an accident with a fatality. Now he finds out on his last report that the police “cut” the airbags out of the car to bring them as evidence. My ...
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1answer
78 views

Can I contact this man's probation officer?

My parents and I live in Suffolk County, New York. In January 2017 my father's friend began living with us. During this time, my father's friend was arrested and convicted of animal neglect and abuse....
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2answers
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Which part of the Criminal Code does not apply in the territories?

The Criminal Code of Canada provides that Application to territories 8 (1) The provisions of this Act apply throughout Canada except (a) in Yukon, in so far as they are inconsistent with the Yukon ...
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1answer
81 views

How do lawyers go about determining if a juror will be impartial with regards to recent bombshell info?

In the Derek Chauvin case, two jurors were recently dismissed because they were aware of the fact that Minneapolis paid a $27 million settlement to the family of George Floyd. How do lawyers go about ...
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1answer
110 views

Can illegally obtained evidence be used in favor of the defendant in a criminal case?

Regarding US law, my general understanding is that if evidence was obtained in an illegitimate way (e.g. under false pretenses), then it may be inadmissible as evidence to support a conviction in a ...
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4answers
8k views

Is it illegal to ask someone to commit a misdemeanor? What is this called?

In my Googling, I learned that in most states a defendant cannot be an accessory to a misdemeanor. What about someone just nagging and insisting on it?
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2answers
165 views

Why can you be convicted for conspiring to project indecent images into the night-time sky, but not conspiracy to defraud a dead person?

I don't understand the difference between these two examples, because in both cases, the goal is scientifically impossible! What does "if the means used to achieve the purpose are impossible&...
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1answer
177 views

What explains the contradictions among English accomplice and inchoate offences?

What's the intuition why some conspiracies and attempts are offences, but not others? I'll just list 2 incongruities. I. Why it's "possible to convict someone of conspiring to commit a ...
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1answer
52 views

Isn't “conspire to conspire” the same as “conspire”?

Kindly see the boldened phrase below. If you conspire to conspire, then you conspire, correct? Then how does "conspire to conspire" ultimately differ from "conspire"? An agreement ...
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1answer
62 views

If a defendant was threatened with grievous bodily harm unless he caused grievous bodily harm to another, why can't he rely on necessity?

Kindly see the embolded sentence. Why can't such a defendant rely on Necessity, but can rely on Duress of Circumstances? 2.5 Duress of Circumstances In some cases where the defendant does the lesser ...
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2answers
5k views

How is a person residing abroad subject to US law?

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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1answer
59 views

Trying a foreigner in the United States - praticalities

I am reading this press release of the U.S. Attorney’s Office for the Northern District of California. The attorney states that: Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United ...
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3answers
177 views

What exactly triggers the condition of “being under arrest”

The Chicago police used to (or perhaps still do) take detainees to a site at Homan Square, question them, take them a different police site and then arrest them. Or at least that's what they claim. ...
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4answers
78 views

Why is a jury trial more often used in criminal, rather than civil trails, in many countries?

This is the case in most common law countries. What is the commonly cited justification for this? Are jury trials shown to be more accurate than bench trials (particularly for criminal cases)?
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139 views

Can a country put a foreign criminal on trial, without catching them?

I'm thinking about a few scenarios here. One scenario is a Pablo Escobar scenario, or a Don Eladio scenario if you're a BCS fan like myself: A drug kingpin operating outside the United States, ...
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1answer
62 views

If defendants can be charged for both the attempted and completed offences, why prefer to indict just the completed offence?

I'm assuming "preferment" means preference, but I don't understand it. s 6(4) assumes that Defendant completed the offence. Why would've Defendant been charged with just the attempted ...
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How does s 1(3) of the Criminal Attempts Act explain the conclusion in Pace and Rogers that suspicion wasn't enough for that impossible attempt?

Below I boldened that sentence questioned in the title, and excerpted the fact patterns of the two cases. Please apprise me if you need any more quotations from these cases. All quotes from Herring, ...

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