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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1answer
69 views

What determines whether a mistake is fundamental and ownership passes?

This textbook doesn't expound how to determine whether a mistake is fundamental enough. Assume that A and D mightn't have contracted. Under section 5(4) of the Theft Act 1968: Where a person gets ...
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How does Theft Act 1968 s 4 exclude trade secrets?

Information Information is not property. In Oxford v Moss10 a civil engineering student copied an examination paper and then returned it.11 The Court of Appeal quashed a conviction for theft as ...
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1answer
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Is it illegal for criminal defendant to approach the prosecution witnesses?

Is there any law that prevents criminal defendants (where they are remanded at large or on bail without corresponding conditions) or their lawyers from talking to the prosecution witnesses? I note ...
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1answer
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Question about recorded conversations

I have security cameras all around the house and a few inside. The ones inside are able to record audio. If someone knows and is aware of the cameras when entering my home, am I able to use recorded ...
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Can the accused change their mind about testifying mid-trial? USA criminal law

As I understand it, under US criminal law, a defendant may decline to testify in their own trial. Suppose a defendant elects to testify in their own trial but decides that it is no longer in their ...
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4answers
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Would a prisoner be allowed to practice law and represent other inmates in court?

Would a prisoner be allowed to practice law and represent other inmates in court, and shown in For Life (2020)? According to the story, when he got to prison, he went to work for the paralegal ...
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1answer
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Is it legal to forge a Permission to Attack during a physical penetration test engagement?

When doing penetration testing (hired as a security consultant to examine and test a company's security by simulating an attacker), it's necessary to have a document called "Permission to Attack&...
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Discovery question

In a criminal trial (DV related), can the prosecutor bring evidence into trial (such as text messages) without sharing them in discovery first? I assume that's a no-go?
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59 views

In US what is the difference between “Involuntary Manslaughter” and “Depraved-heart murder”?

From what I read it seems that "Involuntary Manslaughter" can result from recklessness, while "Depraved-heart murder" is caused by indifference. But in this case, isn't it the same ...
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1answer
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Can I pretend to be a child to expose a predator?

Someone I know has been victimized by a predator in their youth. The things they did were awful. This person was young and felt ashamed and confused and deleted all the evidence. They are now trying ...
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0answers
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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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Where are you prosecuted?

I thought if you committed a crime in a certain state you were tried in that state. Maybe in a state court, maybe in a Federal court. Do I have this right? Recently, there is talk about prosecuting ...
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1answer
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Conflicting different country laws when browsing the Internet, as you connect to servers worldwide [duplicate]

When a user browses the Internet, downloads or views content and websites, which law are they under, the law from its own country, from where they are browsing the Internet, or the law from the ...
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2answers
133 views

Blackmailing from Germany [closed]

I don’t know from where I should start but I am from Arabic Sudan and my Ex BF who lives in Germany is blackmailing me with private photos and videos he threat that he with post all over and send it ...
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2answers
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Would Trump's defence work in other courts?

Donald Trump's defence against incitement is essentially the ambiguity of his language: he never explicitly told the crowd to violently attack Congress, but he did use ambiguous words such as "...
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1answer
135 views

Child Sexual abuse - can you jail person just based on what child said?

I heard this case and got interested. Relative of my acquintance got jailed because of child sexual abuse (child aged 8-9). But here is what confuses me. There is no proof whatsoever about this, no ...
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3answers
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Is attempted murder the same charge regardless of damage done?

Scenario 1: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and misses Joe by 1 inch. Joe is fine physically. Scenario 2: Bob points a gun at Joe's head, says "...
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2answers
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Keeping children away from an ex-convict legally required?

Are there laws that prevent a minor under your protection from staying with a person who you suspect is a pedophile, if you believe they are not likely to be abusive? Assume that said minor is adamant ...
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What are UK rules on written material that is sexually explicit?

D is an adult who writes sexually explicit fan fiction which D posts to Tumblr and Archive Of Our Own. D always marks such writing as 18+ only and warns minors not to read or interact. The fan fiction ...
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9answers
4k views

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that ...
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1answer
79 views

Is it possible for lawyers defend you in a Civil-legal-system?

I have seen solicitors and in turn barristers defend people in Common Law jurisdictions, but from my understanding this should be much harder to do in a Civil-legal-system because it is so rigid. I ...
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2answers
211 views

Should I retain a criminal defense lawyer just in case?

Myself I am very law abiding citizen and never was approached by police in the 20+ years that I am in America. But in this never talk to police video they claim that innocent people went to prison ...
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6answers
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“attempted murder” of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an ...
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1answer
41 views

CAN-SPAM Act - Commercial Advertisement or Promotion

CAN SPAM Act requires telling your email recipients where you're located: Your message must include your valid physical postal address. This can be your current street address, a post office box you’...
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1answer
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Technical securities and commodities law question (United States)

I have a question about the intersection of technical math as it relates to capital and commodities markets with technical law. It asks, "At what point, if any, would a crime be committed?" ...
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1answer
182 views

Does self defense apply if you bait the person?

Here's the situation. There's a disagreement between two individuals, Bob and Dave. Bob decides to get a gun, and then proceeds to taunt Dave. Dave becomes angry starts yelling, Dave intends to kill ...
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2answers
207 views

International sexting between two minors - Text only

A 12-year-old living in the U.S. "sexted" with a 14-year-old in Sweden. Was any crime committed? Are there possible legal consequences for either child having engaged in that act?
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How does the U.S. or Canadian government prevent the average joe from obtaining dimethylmercury for murder?

Arguably, using dimethylmercury is the perfect murder weapon as it is the hardest to trace since lethal symptoms occur only after 5 months on initial contact (rapidly absorbed through the skin), ...
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3answers
111 views

Act Or Omission

D lives in a Model Penal Code jurisdiction where general principles of criminal law fill the gaps in the statutes. D is driving down a road that's not a highway but allows people to go relatively fast ...
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1answer
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When someone steals my bicycle, do they commit a higher offence if they need to break a lock?

I know that stealing a bike is crime. My question is: can someone who steals a bike get additional charges if they have to break a lock as compared to picking up an unlocked bike?
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Does the double jeopardy clause prevent being charged again for the same crime or being charged again for the same action?

Suppose I were to kill someone and was charged with manslaughter, found not guilty, and more evidence surfaces, does double jeopardy prevent me from even being charged again for that action (the ...
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2answers
179 views

is it illegal to publish videos or photos of someone without their consent? [closed]

It it lawful for someone to publish on social media an audio-video clip of a private conversation without the other party's consent? Does the fact that the clip is accompanied by "nasty" ...
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1answer
90 views

What's the minimum age of consent for sexual matters in India

I'm confused about the age of consent for sexual relations. Is it 18 or 16? IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
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What will happen if a legally dead but actually living person commits a crime after they are declared legally dead?

What will happen if a legally dead but actually living person commits a crime after they are declared legally dead? I wonder whether they will have a normal or posthumous trial. Or will they be tried ...
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1answer
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In Breaking Bad, how strong would Hank Schrader's case be if he had lived and Walter White had gone to jail?

Yes, Hank has definitely put together that Walt had been manufacturing methamphetamine and committed several other crimes to protect himself, and he'd fight tooth and nail for a conviction. However, ...
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Can everyone who participated in the Capitol riot be charged with murder? [duplicate]

Doesn't US law stipulate that anyone participating in a crime is equally guilty for the crimes committed during the commission of that crime? That is to say, since there were multiple deaths as a ...
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35 views

If I can defend myself without passing the bar exam, why can't I hire someone who has not passed the bar exam? [duplicate]

I can waive my right to an attorney and defend myself in a court of law even if I have absolutely zero experience. Why then, can I not hire someone who does not have a license to practice law? As ...
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Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?

Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...
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3answers
529 views

What are the legal violations and criminal penalties likely to be for the protesters that entered the Capitol on January 6, 2021?

I'm curious to know what sort of legal ramifications there can or will be for the Trump supporters who entered the Capitol building on January 6, 2021. I've seen it being called an "assault"...
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3k views

Can a law enforcement officer temporarily 'grant' his authority to another?

The emergency services dispatch of Small-town, USA receives a call from a citizen near city limits. The citizen placed the call after he drove past a roadkill deer off to the side of the road. It is ...
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1answer
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Bright-line or Litmus Test for Sedition?

The media is crediting Donald Trump, Giuliani and Trump's son with inciting the protesters to march from the Ellipse to and breach the Capitol building on 6 January 2021, interrupting the electoral ...
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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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4answers
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Can you legally move a dead body to preserve it as evidence?

A fisherman is heading upstream in his boat, and sees a human corpse float past. Obviously even if it wasn't murder, it still warrants a 911 call because it was a death. The river however, is steadily ...
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1answer
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“Trump privately admitting it's over” — can he be therefore be prosecuted for Raffensperger call?

Not a lawyer, but if this reporting is correct, wouldn't it greatly increase Trump's legal exposure for the call with Brad Raffensperger about "finding 11,780 votes" this past Saturday, ...
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3answers
190 views

Why must victims of 'sex-for-rent' arrangements be legally defined as prostitutes to seek justice?

This Morning Star article describes attempts by Labour politicians to make it easier to prosecute 'sex-for-rent' arrangements, where landlords "demand sex from tenants in lieu of rent". The ...
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1answer
77 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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10-day Demand Letters in Texas

Some Texas districts/counties publish a 10-day demand letter that can be used when trying to retrieve property from a person, such as Cleburne, Dallas and Houston. Some of these letters reference ...
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2answers
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Legality of This Hypothetical Situation (Lost/Misplaced/Abandoned Property)

I along with a few other people are curious as to the legality of scenarios logically similar to the hypothetical described below: Assume someone places their wallet on the ground in a public place, ...
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1answer
156 views

Criminal? Vehicle stolen by family member

If a policeman refuses to record or investigate a crime, such as a vehicle theft by a family member where the case could be borderline criminal or civil. What can one do to give the police department ...
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1answer
56 views

Is online lottery legal in India?

Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...

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