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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Is there a model of a legal defense similar to the kill chain? [closed]

The kill chain is a model of an attack used by the military. It breaks an attack into multiple phases so if you stop the attack at any phase you win. https://en.wikipedia.org/wiki/Kill_chain Is there ...
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Questions about a complicated criminal case in my novel

I'm writing a novel and have a complicated criminal case to bring to a close in a court scene. I have a bunch of questions about how the case (or cases) would work based on the specific events of the ...
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14 votes
2 answers
3k views

Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?

If evidence of wrongdoing is uncovered through improper investigative measures, what protections are there for the subjects of these improper investigations in U.K. law? Must one still answer for ...
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Not guilty defense nomenclature

A Deputy fired after putting knee on Black man's neck.. The news article reports: A relative of the man was arrested when she tried to intervene, according to the news report. Let us assume that ...
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2 answers
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Punishment for getting intoxicated in public

Recently I traveled to Germany with friends and got a bit too much drunk. While walking to my hotel I fell down and damaged my foot. Police approached me, checked my ID (I am from the EU), asked if I ...
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Is the concept of "rule of law" just a bad meme? [closed]

I just watched John Oliver's latest show on "Wrongful Convictions". And boy oh boy was my opinion of the US justice system way too generous! And if the US justice system was this bad, ...
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Is there a situation where someone can be sanctioned without trial (rule-of-law edition)? [duplicate]

Some one already made this question, but no he/she did (at least for what the answers say) it in general, including no rule of law. This question restricts the search space to state with rule-of-law. ...
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-3 votes
1 answer
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Is illegal to sympathise with terrorist organisations?

Is there a state with rule of law that punish sympathize[1] with criminal organizations and/or terrorists, and if yes what is the most punitive one? [1]: With the word "sympathize" is meant ...
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2 votes
0 answers
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(Trolley problem) What does the law say if I push the fat man off the bridge?

The original Trolley Problem is stated as: There is a runaway trolley barreling down the railway tracks. Ahead, on the tracks, there are five people tied up and unable to move. The trolley is headed ...
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How is soliciting a prostitute illegal in states where prostitution is legal?

This question is not concerned with whether prostitution should be legal or not. It is also not concerned with the moral implications of either position. What I find hard to accept is in states where ...
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1 answer
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Who owns the rain water in a federal state?

I have read that in federal states like Australia and the US underground water belongs to the government. Unauthorized borehole being illegal even if you are the owner of the land. What is the case ...
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27 votes
6 answers
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What will happen if one is caught smuggling something that is not illegal?

For example if someone is caught at some major airport trying to smuggle condoms with talcum powder in his butt, or in a hidden compartment in a suitcase for example Someone might do this with the ...
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What does "circumstantial evidence" mean in criminal procedure?

What does the term "circumstantial" or "circumstantial evidence" mean in a legal context, particularly in regard to criminal law? How is it different from other kinds of evidence. ...
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What is the legislative history of 18 U.S.C. § 1595 on "Civil Remedy" for crimes in Chapter 77 on peonage, slaver & trafficking in persons?

Since its enactment, the Chapter has undergone substantial changes. Initially, for e.g., the lack of specific definitions of "serious harm" § 1589 (c)(1) and (2) halted effective prosecution ...
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When crimes can continue indefinitely, is there a limit to how frequently it can be prosecuted?

Crimes such as possession of drugs and weapons, or speeding, can continue for long periods of time if not interupted. If evidence of the crimes comes to light later, what sort of rules limit the count ...
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21 votes
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Victim of larceny doesn't press charges. Does this mean suspect walks free?

Location: Indiana, USA. A home/ranch owner (victim) thinks he is being stolen from. He rigs a lot of his possessions with tracking devices (apple airtags) and puts a lot of cameras on premises. Some ...
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Does the Good Samaritan law make it legal for a third party driver to interfere with a road rage event while it is happening?

I would like to know if the Good Samaritan law makes it legal for a third party driver to try to break up/interfere with a road rage event while it is happening. Say for example that you are driving ...
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Are law enforcers allowed to kill killers and why?

One solution to killing is the use of force to prevent the killer from killing. During the process of using preventive force, the enforcers are sometimes left with no option but to kill the killer. In ...
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3 votes
2 answers
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Could you steal money from a criminal organization and publicly declare it without legal repercussions?

A random idea I had based on shows like squid game, or others that feature death games. In a real world setting in the USA, you have knowledge and details of an ongoing criminal organization without ...
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2 votes
1 answer
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What legal consequences would someone face for intentionally destroying an embryo conceived via IVF but not yet implanted?

A random debate somewhere else made me curious about this question. If someone knowingly and intentionally destroyed an embryo conceived via IVF but not implanted yet what kind of consequences do ...
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You moved to a new country, you've been living there for a few years but your home country decides you're a criminal. What now?

You moved from a country led by an "elected" religious dictator to a western country like Spain. To naturalize and become a citizen of your new country, I believe you need to get a police ...
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3 votes
2 answers
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Is calumny against the law in Ohio and in British Columbia, Canada?

Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) ...
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3 votes
4 answers
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In this day and age, how hard is it to get away with a (non-political) crime by escaping to a different country?

While extradition treaties exist, the worldwide network of extradition treaties is quite sparse, and in addition many countries have a policy to never extradite their own citizens. This might lead one ...
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What legal basis existed or may have been argued in defence, as to why the "Colston Four" should be acquitted?

In this weeks UK news, we read that the Colston Four were acquitted. For those unaware, these were four individuals who played an active role during BLM protests, in pulling down and dumping in the ...
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Are non-profit corporations that don't do what their legal Constitution promises ever held to account?

There have always been Internet Sites dedicated to helping the 3rd Worlders. When soliciting for donations, they will always declare proudly that they are a "non-profit" By this, I assume ...
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1 vote
1 answer
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Can the publication of one's own purported "Principles" constitute criminal fraud?

Our legally-constituted artisans cooperative has been a supplier to 'Fair Trade' retailers since 1975 at an average of 5000usd$/month in product sales. The Fair Trade umbrella organization publishes ...
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2 votes
2 answers
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Is it true that you shouldn't publish evidence that you intend to use in court?

I've heard in a few places that you shouldn't make public pieces of evidence that you plan to use later to support a case against some person/entity. But I'd like to ask if this is actually true and ...
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1 vote
1 answer
107 views

Plea bargains - what can a prosecutor offer?

Imagine that a person is charged with a serious crime. The evidence against him is pretty good. If it goes to trial, there is a fair chance that the jury will have at least one reasonable doubt and ...
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Can you be charged with killing an endangered species if you stick your hand the cage of one, and the animal has to be put down?

There was just a guy on the news who stuck his hand in a tiger enclosure. He was on the cleaning crew and was either feeding the tiger, or trying to pet it. Tigers doing what tigers do, he latched ...
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Can a booby trap be used to stop an active shooter?

I am wondering if it is legal to set up a booby trap to stop an active shooter. For example, say that there is an active shooter inside a factory and a worker there places something heavy like an ...
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-3 votes
1 answer
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is reverse engineering undocumented API legal in the U.S

I've reverse engineered a Taobao APP's undocumented API to make a helper program, (in case you don't know what Taobao APP is, it's like amazon or ebay), this API allows the APP to place bids and make ...
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-1 votes
3 answers
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It is illegal for someone to use software applications on a found laptop computer?

I am curious to know if it is illegal for someone to use software applications on a found laptop computer. For example, let's say that you go to a bus stop and there is a laptop computer sitting on a ...
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2 votes
2 answers
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Constitutional Basis for Federal Criminal Law and Illegalization of Murder at the Federal Level

I'm curious about the constitutional basis for federal criminal law (in America). The necessary and proper clause seems to be such a basis: "To make all Laws which shall be necessary and proper ...
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6 votes
6 answers
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Can the "de minimis non curat lex" rule render actions that are otherwise illegal, legal?

My understanding is that the rule can be used in court to strike down actions in court. I was wondering whether it might also perhaps be used legitimately by someone, outside of a court case, and ...
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0 votes
1 answer
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Could these facts lead to a conviction for manslaughter or other crimes?

Here are the facts: A person (A), an adolescent, posts a poll on his Instagram story. It asks ‘Should I kill myself?’ The options are ‘yes’ and ‘no’. Forty people vote on the poll. Only four people ...
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Arizona criminal traffic law

Suppose that a person Bob was ticketed for criminal aggressive driving in 1/2021, at 87 mph in a 75 mph zone. Arizona passed an amendment to the law in 6/2021 so that a person must be going over 20 ...
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18 votes
5 answers
6k views

Is this "Bait-And-Switch" defence possible?

I was kind of inspired by a television programme I was watching recently - I won't spoil it by saying its name. Let's say my friend committed a murder and wanted to get away with it. So together we ...
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2 votes
1 answer
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Is the DA bound by agreements made during hostage negotiations?

I've seen several fictional situations where a District Attorney agrees to not prosecute various crimes committed by a kidnapper while conducting hostage negotiations. Would an agreement made by a DA ...
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0 votes
0 answers
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Can a bank be compelled to ID a dozen of its customers for an investigation of an alleged misdemeanor vandalism charge in California?

Could the police request that, for example, all users of an ATM in the vicinity of the alleged crime within, say a 30-minutes time frame be listed and personal information including name, date of ...
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3 votes
2 answers
213 views

Almost stabbed to death, what tools do the detective squad have to catch this guy?

I was attacked a few days ago and was almost stabbed to death. The suspect got away, as the first squad car came. Fueled by adrenaline, I sprinted towards the first squad car to get their attention ...
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2 votes
1 answer
153 views

Can a family ask the government to hide the details of a relative's death?

I know of a fictional story plot where the cause of someone's death is unknown. The death may be due to natural causes, or it could be murder. The government investigates, but the findings are hidden ...
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4 votes
4 answers
296 views

Why did US law go with inadmissibility, and not reactionary punitive action, to prevent illegal evidence collection?

As I've understood it, the exclusionary rule is a prophylactic rule aimed to prevent the cultivation of illegal evidence collection by removing the utility of illegally-collected evidence through ...
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1 vote
0 answers
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What rights do minors have in Indiana

I am 20 years old and my younger brother, still a minor at 16, is battling with our parents over them seizing his property without any real cause, and refusing to return any of it, clearly outlining ...
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1 vote
1 answer
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Do civil courts have the power to force a criminal investigation after it finds evidence of fraud?

Say a person sues a fraudster in civil courts. Upon showing evidence of fraud, can the court, through request of the plaintiff, request a criminal investigation on the fraudster? I would presume such ...
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1 vote
1 answer
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Double Jeopardy in Texas v. Young?

According to this Texas Tribune article, in Texas v. Young, Clinton Young was found guilty of murder and sentenced to death. Fifteen years later, a Texas court of appeals has thrown out his ...
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2 votes
2 answers
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You are asked to choose between 2 people who will be killed. What happens if you pick someone?

Say the following situation occurs: A sadistic murderer kidnaps you and 2 other people. They tell you to pick one of the two other people, and the person you did not pick will be killed. You have 30 ...
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0 votes
0 answers
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Can juvenile adjudications for never-sealable offences be sealed? (Massachusetts)

Convictions for some crimes in Massachusetts such as perjury can never be sealed. However, the statute (c.276 § 100A), says that "convictions" for these crimes can never be sealed. So, if a ...
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9 votes
2 answers
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Is propensity evidence ever allowed as circumstantial evidence?

I, being a non-expert in any country's/state's law, was somewhat surprised when it was said that propensity evidence isn't, in Wisconsin, legal evidence; see between 5.57 - 8.15 in this video about ...
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1 vote
3 answers
165 views

Ahmaud Arbery trial - what if they had witnessed him commit a crime?

In the Ahmaud Arbery trial, they tried to do a citizens arrest on him when they had no proof he had committed any crime. So, they couldn't claim self defense. This is logical. But what if they had ...
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3 votes
2 answers
255 views

Can someone be arrested for not being ‘nice’ to police?

We came out of a night club and there was a police car with dogs barking at the back of it. For some reason this fascinated my friend and he stood behind the police car laughing and watching the dogs ...
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