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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Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

When India updated 377 and decriminalised homosexuality at that time Jammu and Kashmir still had 370. Does 370 stop decriminalising homosexuality in the state? Now 370 has been removed in the most ...
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101 views

What kinds of treason are there in Turkey?

I have read that a Turkish MP has publicized that Sarin gas has been sent through Turkey to Syria, and that he is now wanted for treason. I am from Germany, and in our law, it is treason ("...
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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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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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278 views

Can BAC (blood alcohol content) be interpolated for DUI/DWI criminal prosecution?

It is common for a statutory BAC (blood alcohol content) level to determine whether the operator of a motor vehicle is guilty of Driving Under the Influence (DUI, which in some states is called DWI ...
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105 views

Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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167 views

What could I be charged with if I went around uprooting "<X> for public office" signs?

This is not something I'm actually doing or thinking about doing; I'm just curious about this slightly absurd hypothetical scenario. Suppose that I get really mad at those signs people stick in their ...
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264 views

Does U.S. law require reporting of suspected child abuse by unrelated citizens?

I happened to notice someone commenting that there is a legal requirement to report suspected child abuse for a non-guardian relative of a child suspected of abuse. I obviously would encourage the ...
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696 views

Cannabis laws in Northern Cyprus

How strict are Cannabis laws in North Cyprus, i.e. if you caught with 150 grams of Cannabis? What would the punishment be, and is it usually easy to get bail with that sort of crime?
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1answer
938 views

Legal implications of this prank going horribly wrong?

I remembered coming across this comic from Saturday Morning Breakfast Cereal. In this comic, Tommy replaces his boss' gun with a fake that just shoots out a "Bang!" flag. Later, he breaks into his ...
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171 views

Can evidence produced in a civil action be excluded from a criminal trial?

Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a ...
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1answer
167 views

Is threatening to share copies of an online discussion with an employer, in order to stifle opposition, illegal in any way?

Some political groups use the practice of threatening people with sharing screenshots of an online discussion to the debate opponent's employer, to get the debate opponent fired. This seems like an ...
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For the purposes of the 1963 Vienna Convention on Consular Relations, is being ordered to and appearing before a court "detention" under any charges?

As a criminally charged person before the court, are you detained or are you free to go while before the court per the order of the court to be present in a criminal hearing? International Law 1963 ...
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73 views

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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157 views

How do sexting laws work in the Netherlands?

I've noticed that in some countries the definition of child pornography varies. For example, in Canada, where if a conversation is private between people of a very small age gap and there is never any ...
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Thailand; relationship between defamation lawsuit and criminal defamation procedure

Bangkok Post's The Sea View Resort released a five-page statement on Saturday after news of its legal action against Wesley Barnes attracted widespread attention. The statement was posted on the ...
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59 views

Why are in-house counsels not allowed to defend a defendant?

In the last John Gotti trial, the prosecutors successfully argued Bruce Cutler was an in-house counselor for John Gotti. The result was Cutler was not allowed to defend John Gotti at trial. Why are ...
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102 views

Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...
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71 views

What exactly is "Bodily Harm" and (how) does it differ from actual bodily harm?

I'm trying to understand the following statement (which is section 53 of the Crimes Act 1961 in New Zealand, bolding mine) - "Every one in peaceable possession of any movable thing under a claim ...
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98 views

misdemeanor complaint, state requested release conditions, discovery evidence

I was charged with a misdemeanor, but the court messed up and sent the misdemeanor complaint to a wrong address. Never receiving it, never appearing at the court, they then created a warrant for my ...
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232 views

Is there anything I can do legally when my daughter lets her boyfriend in our home without our permission?

My daughter is 16, and my wife and I just found she's been sneaking her boyfriend (who is 17) into our house while we're not home. His parents don't seem to be doing anything about it. Does this ...
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58 views

Can a local police officer (or local DA) charge someone with breaking a federal law?

Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?
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138 views

Is recording of other people in a work context without permission legal in Romania?

I am shortly going to Romania to perform an IT Audit. As an auditor, we often have to deal with people who become hostile towards us. For my own protection, in the United Kingdom I always video ...
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173 views

Is this a criminal threat?

I am involved in a nasty domestic dispute with a family member. This domestic dispute involves my knowledge of criminal activity by persons X, Y and Z. I reported this criminal activity to my local ...
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1k views

Is port scanning illegal?

"A port scan or portscan is a process that sends client requests to a range of server port addresses on a host, with the goal of finding an active port; this is not a nefarious process in and of ...
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51 views

Call I legally receive mail addressed to my roommate that requires a signature?

Say if I share a room or a house and I receive a mail which may need signature because my roommate is out. Is it regarded to be illegal? (the US)
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282 views

What if you follow the kidnappers' instructions to not talk to police?

Suppose your child is kidnapped. The kidnappers call you, give you "proof of life" (i.e., irrefutable evidence that they have your child in their custody and that the child is unharmed), and tell you ...
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16 views

when is order of protection included in one's records?

In doing a background check on a person when will an old order of protection be discovered, and when will it not be? Perhaps it is based upon the reason generating it or some formal wording inside ...
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356 views

Legal to share malware code/sell malware products?

I program / rewrite (from security analysis / reverse engineering) different kinds of malware software as a hobby. Those include some pretty malicious things like ransomware extortion viruses, banking ...
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127 views

Under Irish law can the Gardaí give a person's statement to a 3rd party government department?

I have an Irish law question. I have tried to get a few solicitors to answer it but they seem unable to give me a concrete answer. I'm hoping someone on here can help or point me in the right ...
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127 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 ...
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230 views

Inciting fear in the public

On a recent foreign prank show the following scenario took place. A group are dressed in realistic Hazmat suits. The group are scanning an area with fake radiation detectors. The detectors are set ...
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1answer
1k views

If proven, would collusion with Russia to interfere with election meet criteria for charge of treason?

If a President-elect was proven to have colluded with Foreign operatives to interfere with our presidential election, could he or she be charged with treason? What we know: TREASON. Whoever, ...
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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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53 views

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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164 views

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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1answer
87 views

Can you establish a "guilty mind" if the defendant is a victim of blackmail?

For many criminal offences, from what I understand, you have to establish 2 aspects: actus reus (the act of crime), and mens rea (the guilty mind). The mens rea can be many things: from as direct as ...
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31 views

Validity of Sec 309 of IPC (criminalization of suicide)

Section 309 of IPC (Indian Penal Code) criminalizes suicide as following — Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple ...
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Intention to commit violent domestic abuse but failing?

This is not US-specific, I'm in Europe, but more general for all Western legal systems. I just read https://en.wikipedia.org/wiki/Domestic_violence_against_men and something struck me - intention is ...
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Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
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1answer
73 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 ...
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313 views

Definition of rebellion and insurrection in US federal law

18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall ...
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55 views

Is using proxies to circumvent rate limit to scrape data legal in India?

I'm in India, and this is what the Indian Information Act of 2000/66F says on the matter: Indian Information Act 2000/66F Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, ...
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162 views

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 ...
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1answer
77 views

How to find status of criminal prosecution (Alberta, Canada)

Calgary men charged after 864 investors lose $33M in Crowsnest Pass development Jun 10, 2016 I can't find any further news about this. I tried contacting CBC but got no reply. (Not to be confused with ...
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40 views

Impersonation/False portrayal of character - maximum punishment?

There are 2 individuals, Person A and Person B. Let's say that A is hellbent on ruining B's life, but not in the way some/most people would think. A has stolen pretty much all of B's personal ...
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137 views

Did Cliff Booth commit crime by killing Tex and Katie?

In Once Upon a Time in Hollywood, Cliff Booth defends himself and his friends from intruders Tex, Sadie and Katie (the Manson Family killers). First, Tex fails to shoot Cliff as Cliff's dog takes Tex ...
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185 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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196 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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116 views

Is it legal to OWN a machete in New Jersey? (Decor purposes only)

I bought a machete online about 2 hours ago because I thought it looked cool and I figured it would be nice to display it on my wall. I have no intentions to carry it, use it for illegal purposes, or ...