Questions tagged [criminal-law]

For questions about laws related to crime.

92 questions with no upvoted or accepted answers
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16
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2answers
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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We just had a question about what happens to convicts if a law is repealed.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 ...
6
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0answers
72 views

What is the furthest point from land at sea where individual U.S. state laws apply?

I wondered to myself if there was a specific point within the 12 mile US territorial sea where individual U.S. state law ends and only federal law applies. For example, could an individual/business ...
4
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0answers
49 views

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

When Indian updated 377 and decriminalised the homosexuality that time Jammu and Kashmir still had 370. Does 370 stop decriminalising of homosexuality in the state? Now 370 has been removed in a most ...
4
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0answers
75 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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0answers
103 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 ...
3
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0answers
158 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 ...
3
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0answers
262 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 ...
3
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0answers
656 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?
3
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0answers
207 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 ...
3
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0answers
163 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 ...
3
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1answer
161 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 ...
2
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0answers
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 ...
2
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89 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, ...
2
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65 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 ...
2
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32 views

Triple Talaq Bill introduced in Indian Parliament

From an article in a leading newspaper: Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it conflated civil and criminal laws. How ...
2
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272 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 ...
2
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0answers
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 ...
2
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0answers
229 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 ...
2
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0answers
57 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?
2
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0answers
131 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 ...
2
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0answers
171 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 ...
2
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0answers
5k views

Is it legal to pretend to be under a certain age to catch pedophiles

I have been in alot of trouble with police lately doing illegal actions to catch criminals. I was thinking of trying something else but I want to make sure that it is legal to do this stuff and what I ...
2
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0answers
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 ...
2
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0answers
50 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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278 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 ...
2
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208 views

Is it illegal to recommend to commit a crime, and to give specific instructions how to commit a crime?

I came across the rap music clip that recommends to burglarize the neighbor. It goes approximately like this: "Find the neighbor of race X, because they usually aren't too careful and more trusting. ...
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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 ...
2
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0answers
320 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 ...
2
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0answers
125 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 ...
2
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0answers
122 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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25 views

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

Im under the Indian jurisprudence 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 ...
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8 views

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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128 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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46 views

Why was the ABSCAM operation not considered entrapment?

In 1978, the FBI performed an undercover sting operation that resulted in the conviction of six US congressmen and one senator for accepting bribes. From what I've read, it seems like it was driven ...
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1answer
41 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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36 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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0answers
73 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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0answers
123 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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0answers
49 views

Are there examples of people getting convicted of consensual heterosexual sex with a girl between 15-18 in Indonesia?

Under What Circumstances Indonesians can be Punished for Heterosexual Lewd Act to a Girl 15-18? In that question, there is a law in Indonesia. The law says https://www.hukumonline.com/klinik/...
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20 views

What does “forensic practicability” mean?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 728 last para.       By contrast with the House of Lords, the view taken here is that a conviction for a stigmatic ...
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25 views

Foreign Fighter Classification \ Jurisdiction

Two British nationals are alleged to have executed Americans under the guise of ISIL and are in American military custody. Assume that the suspects remain in American custody and are not transferred ...
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0answers
83 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 ...
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0answers
105 views

Strict Construction vs. Liberal Construction

What is the difference of meaning of the term "including but, not limited to" in the strict vs the liberal interpretation of the term?
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45 views

How a criminal speeding citation of 104 mph in a 75 mph zone will affect my immigration status (F1 visa)?

I recently received a criminal speeding citation for driving at 104 mph in 75 mph zone in Arizona. I have clean driving history without any prior citation or accident. I am an international citizen on ...
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0answers
80 views

Car repossessed from fraudulent loan

My family member's son in law took out a loan in the family member's name using the family member's car as collateral. No payments were made on the loan. The car was repossessed after the loan ...
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0answers
72 views

Illegal to give lawyer a bonus for getting an acquittal?

I recently found out that in Massachusetts it is illegal for a lawyer to accept a bonus for obtaining an acquittal in a criminal case. In other words, if a client says I will pay you an hourly rate ...
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0answers
222 views

Is there legal recourse against revenge defecation?

TL;DR If someone were to maliciously defecate in their roommate's room, perhaps hiding it under their bed or in a drawer, what kind of legal action could their roommate take against them. Background ...
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0answers
79 views

Can a gas station employee use Skimmer Scanner in TN without getting in trouble?

I recently ran across Skimmer Scanner, which is an app that uses Bluetooth to scan for, connect to, and send no-op commands to verify certain common types of card skimmers. Given that the app uses ...
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0answers
114 views

Who is accountable for underage drinking when the alcohol is easily accessed by the public? (United Kingdom)

I live in the UK. A group of teenagers are able to access large quantities of alcohol from an unsecured area (out in the open) at the rear of a small shopping complex. Are there any UK regulations ...
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0answers
41 views

Government compensation

I am contemplating going to the courts over an issue that has persistent for decades in my area. Cattle rustling has really affected the livelihoods of the people of Samburu North Constituency (...