Questions tagged [criminal-law]

For questions about laws related to crime.

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2
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2answers
284 views

Does fleeing across the county line actually work for the Dukes of Hazzard?

A common feature on that old Dukes of Hazzard show was the idea that once them good old Duke boys crossed the county line, they'd be safe from the mean old sheriff and his deputy. Under what ...
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0answers
82 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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1answer
102 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
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2answers
286 views

Is my record still clean?

Imagine this hypothetical: I was in fight with a male relative and I hit him on the back in front of officer, (who came because the neighbor was reported for screaming). The officer grabbed my arm, ...
66
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6answers
8k views

How would the actions of Hänsel and Gretel in the Grimm tale be interpreted in modern law?

This came up as a layman’s law question. I thought of this when reading the classic Grimm tale Hänsel and Gretel to my children. The situation is as follows: The witch imprisons Hänsel with the ...
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5answers
6k views

Is an abuse of power necessarily a criminal offence?

Trying to make sense of the conflicting opinions regarding the 2020 impeachment proceedings in the USA. In particular, is the claim that an abuse of power does not necessarily has to be a criminal ...
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3answers
6k views

Is it a crime to shoot a kidnapper who is in the process of kidnapping your child?

If someone was in the process of kidnapping your baby and you were chasing after that person, if you have a gun on you and you use it to shoot that person and then that person dies, would you be ...
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0answers
41 views

What evidence is needed to arrest someone on a restraining order?

My ex boyfriend approached me in violation of the order. Nobody I know was around. Police said I need to file a violation with the court I obtained the order. Is this a civil or criminal matter and ...
38
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5answers
14k views

Is ban evasion illegal?

What is the legality of "Ban Evasions"? This sounds like a dumb question but perhaps enlighten the ignorant. Ban Evasion, "The creation of a new account on a platform or website after being ...
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4answers
8k views

Why are private game servers illegal?

Over on Arqade we were discussing a question which was asking about private servers for a game called World of Warcraft. The discussion was about if using and/or hosting a private server is illegal ...
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2answers
92 views

Writing a story. A criminal is on the border of a state with different drug possession laws

The character is leaning his head across state lines and getting high of an unknown substance, which isn't federally scheduled, and is legal in one state, but illegal in another. In the illegal state, ...
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1answer
88 views

If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met?

I have a friend who has been charged with criminal threatening. This kind of law is not supposed to be applied when a person makes a threat against someone attacking them. In NH the phraseology is as ...
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1answer
291 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
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1answer
110 views

How does one get a Personal Violence Order against someone whose name is not known?

According to the local courts in the Northern Territory, to apply for a PVO the defendant's name and address is required. How does one go about getting a PVO against a neighbour whose name no one in ...
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1answer
148 views

When does a warning become a threat?

The other day while on a vacation I drove past a property and saw a sign that read Trespassers Will Be Shot On Site I've never seen a sign such as that, I was a little taken back. After some ...
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3answers
577 views

Is taking an injured person to a hospital without their consent kidnapping?

I found this definition of "kidnapping" on Google: kidnap, verb. Take (someone) away illegally by force, typically to obtain a ransom. Synonyms: abduct, carry off, capture, seize, snatch, take ...
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1answer
109 views

Drug dealer & criminal signed the lease agreement

Say someone signs a lease with someone else. For clarity the drug dealers name will be Mike and other persons name will be Steve. Now Mike begins to drug deal and do drugs inside the house along with ...
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0answers
66 views

Is it illegal to create code that causes damage to a computer system?

I'm reading about the Computer Abuse Amendments Act of 1994 and I just read: 'it is illegal to create any type of malicious code that might cause damage to a computer system.' Can someone clarify ...
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1answer
151 views

Rape video on phone

This question is for England-and-Wales only and relates to criminal Law. If the police were to search a suspect's phone, although I doubt it makes any difference as to whatever the device is, what ...
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4answers
204 views

If a potential suspect wishes to speak to the police and can't afford a lawyer what is the safest way to do so?

Let's say that an individual, let's call him Bob, has been contacted by the police who want to speak to him about an associate of his that was recently murdered. Bob is not under arrest, but Bob ...
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1answer
118 views

Where do I go when police refuse to investigate someone who made purchases with my debit card?

A few months ago, my debit card information was stolen and used to purchase some computer equipment in the state of Oklahoma, but the perpetrator lives in the state of Florida and I live in the State ...
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1answer
49 views

1980s California murder trial transcript

I'm not a legal student or scholar, but I'm looking to get my hands on a full transcript of a California murder trial from the 1980s in which the defendant recieved the death penalty. Since the LA ...
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3answers
122 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
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2answers
114 views

Isn't all fraud criminal?

Isn't all fraud technically criminal, and whatever you can sue for civil fraud could also be sued by the government as criminal fraud? Is it just a matter of whatever the government decides to ...
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4answers
3k 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//, ...
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1answer
123 views

Could someone lacking a name be put on trial?

A man washes up on the shore in the middle of the night. He staggers into the nearest town, where he bumps into a woman walking home on her own - and, after a brief, confused altercation - he ...
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1answer
77 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
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2answers
80 views

Should an “add on” charge of “resisting” be automatically dropped if the main charge is acquitted?

Suppose someone gets arrested for a crime they know they didn't commit, and in the process of being arrested, the also get slapped with a resisting charge. My question is, if they are totally ...
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1answer
55 views

Mayhem duress hypo

Don Brasco was a FBI agent doing undercover work. One night Don and his accomplices drive up to a shack. The others get out of the car and instruct Don to stay in the car. Don does not know why they ...
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0answers
13 views

Preclusive effect of federal declaratory judgment in state court criminal proceedings

This question presumes the following circumstances: A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
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3answers
102 views

Accountability for famous people [closed]

If a heavily famous person (let's suppose a famous football player [I don't call it soccer]) kills an other ordinary civilian and there's proof of such an act, will he get away with his crime, ...
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4answers
3k views

What crime has someone committed if they “kill” someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
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1answer
87 views

Is it stalking to pay someone's bills?

I am paying a girls bills who has a restraining order against me, is it stalking/harrasment to pay her bills when she won't contact me?
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0answers
42 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 ...
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1answer
360 views

How do I go about having a guilty plea withdrawn in New York?

I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....
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0answers
19 views

Which of these scenarios is an abetment or inchoate offence

SCENARIO A: Seeing a crime being committed and deciding to not do anything (to avoid involvement or implicated) SCENARIO B: helping perpetrator of the crime someway somehow (like helping them abscond ...
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1answer
66 views

Extortion, bribery or hush money?

Hypothetical: someone (Party A) hit or stole from another person (party B), and then a report was made to the police. Party A confesses to the police, but then offers money to the police detective (...
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2answers
49 views

Is the federal charge for illegal possession of a firearm considered a “violent” crime or a crime of violence?

Per 18 U.S. Code § 922 (D)(3) and (G)(3) it is illegal to sell or buy a firearm to/as someone who is "an unlawful user of or addicted to any controlled substance." This includes cannabis, even though ...
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3answers
418 views

Signal violation in vehicle not owned by driver

Guy runs a red light in a vehicle he doesn't own. Owner gets all the information and a slip to identify the driver. Can the owner just send a letter like this and have the violation(s) dropped: I, ...
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1answer
256 views

Why do prosecutors sometimes chase “weak” cases?

From what I understand, the Criminal Division of the Internal Revenue Service is an exception to this question. Its rate of winning convictions is something like 80%, and about half the remaining ...
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3answers
377 views

Acknowledgement of guilt

Theoretical question: What happens if you come to police and report your own crime that happened some time ago, but the police can't find any evidence it happened. Let's say you come and say you ...
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1answer
38 views

Case Converted Nolle Prosequi

Jurisdiction: Albuquerque, NM - US Is it normal for a criminal case not pursued, originating October 2014, to have a disposition “Converted Nolle Prosequi” on August 2016, almost 23 months after the ...
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2answers
231 views

Am I legally responsible for being a developer of a code, if my customer uses it illegally?

I am from an Europe country, I work online and get orders on freelancer websites. Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
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7answers
16k views

Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

Suppose a partner to a pregnant woman gave her an abortion pill which successfully aborted the pregnancy. Suppose that this was done in a non-violent way, unbeknownst to the woman. One could argue ...
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1answer
91 views

cop lies about confession

There are 4 people at this house. Drugs and a gun were found. The police decides to arrest and charge the person who was closer to the gun and drugs. DNA samples taken from the gun show two different ...
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5answers
10k views

Is harmlessly appearing to be a school bus driver a crime?

Hypothetically, if someone who owned a school bus legally drove said school bus to a bus stop 3 minutes before the stop would ordinarily be made, allowed schoolchildren to board without speaking, then ...
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1answer
108 views

Does NH Criminal Law RSA 627:4 II-a mean a person could legally brandish a firearm if they feel they are in imminent danger of deadly force?

Typically among most states, brandishing a firearm is not only illegal, but is frowned upon as a tactic to scare away a potentially forceful criminal since the state would deem that the person ...
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2answers
113 views

At gas station parked pumping gas can an officer search the rental without my consent? [closed]

I am at the gas station, I go inside and put money on my pump, the gas station is crowded. I have a rental car its a 93 Mercedes the registration tags are expired I am returning the car tomor to ...
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1answer
45 views

Penalty for medical malpractice in Dubai

I’m pursuing a career in a specific medical career and I’d love to one day be able to move to Dubai, but I’m a bit discouraged by the fact that doctors can potentially end up in jail for medical ...
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1answer
52 views

Being detained for a hypothetical sentence

Is it likely that a person could be arrested for verbally stating that they wish they could be sharp enough to commit a huge crime, in front of a policeman? For example (and of course it depends on ...

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