Questions tagged [criminal-law]

For questions about laws related to crime.

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2answers
148 views

Do firefighters contitute a legislative power?

According to this article ref here, ref here, ref here and ref here: ...History has just been made, as the first legislative body in the country officially announces their support for reopening ...
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2answers
62 views

tampering with food and drink

Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the ...
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1answer
98 views

Ability to Assist an Injured Officer (USA)?

Related Suppose Bob is walking down the street, and finds an injured LEO, who is attempting to shoot a third person, let's call him Charlie. The officer is too injured to complete this action (can't ...
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3answers
280 views

Can a couple be charged for spending $120,000 deposited to their bank account in error?

A couple is being charged for spending $120,000 which was deposited to their account in error. This is in Pennsylvania, USA. The facts are presented as follows: One day, couple wakes up to $120,000 ...
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2answers
74 views

Can prosecutors add charges to get an individual to plead guilty?

Can a prosecutor add additional charges to pressure a defendant to plead guilty to the original charges?
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1answer
84 views

Would it be legal to change the functionality of your own software to do something apparently malicious if fullly documented?

This topic came up when discussing the infamous left-pad disaster from awhile back. To give a brief summary the author of a small package hosted on the npm repository that numerous other packages had ...
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2answers
43 views

Scenario in which a person sues an other living in an another European country

I asked a question about a specific scenario a few days ago, but given that the question has been deemed somehow discriminatory against a gender, suspicious (I honestly don't know why!?!?!), I'm going ...
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1answer
60 views

Issues with a Guilty Plea [closed]

If I agreed to plead guilty to a charge and after pleading guilty the courts impose on me that I plead guilty to the actual crime, then what rights do I have in this case? Can they charge me with an ...
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1answer
44 views

Can involvement of third party be a factor lowering culpability and leading to non-prosecution decision?

A person I know (she lives in Maryland) was a victim of a minor assault where she was pushed around and her face grasped. Thankfully she did not suffer bodily harm. The two assailants admitted the ...
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1answer
106 views

Running from the police

If an officer pulls a car over and I get out start running, the officer ends up hurting himself, can I be charged with a felony and how much jail time if any?
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1answer
40 views

Understanding Declaration

(I am in New Zealand, but am interested in answers following British style law.. When entering into New Zealand (as with most countries), passengers are required to fill out an arrival card. At the ...
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27 views

What is the legal age for drinking alcohol in Germany? [duplicate]

I heard that in Germany you can buy low alcoholic drinks from 16 years old, and from 18 years old you can buy strong alcoholic drinks. What about drinking? If I buy for 14 year old alcohol. Will this ...
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1answer
92 views

Is it legal for officers of one sex to strip-search detainees of a different sex?

I believe there is a law that states strip searches are performed by officers of the same sex as the detainee, and not by officers of a different sex. However this did not occur in the following cases....
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2answers
52 views

Gag order in reference to a Criminal Investigation

Lets say you reach terms with a party "B" about a dispute and they specify a gag order. That is you cannot disclose the nature of the settlement, or disparage party "B". The settlement is in ...
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2answers
110 views

What does phrases “Deserve an asterisk” and “Putting an asterisk” besides someone's name, means morally and in lawman's terms? [closed]

I got to see this amazing web-series called "Suits", I just wonder is there an actual legal proceeding called "putting an asterisk" besides some lawman's name ? If there is what would it mean in Law &...
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1answer
149 views

Can The President Of The US Pardon Everyone?

Can The President Of The United States Pardon everyone, for example lets say a criminal organisation is commiting crimes, after awhile they get raided by the police,everyone gets arrested and ...
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4answers
5k views

Can you be convicted for being a murderer twice?

Germany has this weird specialty¹ in its criminal law's murder paragraph. While most paragraphs say something like “The person who does A is punished with B”, the murder paragraph (“Strafgesetzbuch § ...
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1answer
110 views

Freedom to travel

So in the state of California in Napa county, a 19-year-old male was hanging out with a 15-year-old girl. They were thought to be caught in a sexual act. after they were taken into questioning and ...
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1answer
71 views

Is the Muslim Women (Protection of Rights on Marriage) Act violative of fundamental rights?

On July 31, 2019, Government of India published the concerned Act in its official gazette. Article 4 in the Act has penal provisions which turns the act of declaring instantaneous unilateral divorce ...
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1answer
86 views

“if the defendant had acted as he ought, the victim would not have suffered” vs. “there's evidence that the victim might not have suffered the harm”

I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2? Isn't "the defendant had acted as he ought" "...
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2answers
179 views

Jurors pre-judging before trial [closed]

I was arrested on charges in North Carolina. During the ongoing investigation, but prior to trial, the local news ran a piece showing my mug shot. They didn't say my name, but did say some bad things ...
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2answers
80 views

Is it illegal for an employer to know that their employees are lying to the companies customers for their own personal financial gain?

An employer is aware that their employees are lying to customers of the company for their own personal financial gain. Is that against the law? If an employer is aware and continues to let the ...
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1answer
145 views

Who prosecutes the crime of opening someone else's mail?

Opening or throwing out mail addressed to someone else, such as a previous tenant, is a felony with possible jail time and a statute of limitations of five years. But when is this ever prosecuted? If ...
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1answer
121 views

If I ask a police officer if I am compelled to do something do they have to answer me honestly?

Let's say that I'm being questioned by police as a suspect, and I'm too stupid to have asked for an attorney I could trust to be there. The police are going to try to get me to do things that may be ...
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3answers
136 views

Would police in the US have any alternative for handling a confiscated computer with a hidden partition?

I've heard some fellow geeks (who are always obsessed with computer privacy) talk about how 'amazing' a hidden partition is for privacy. I don't really see the point of all the trouble if I'm not ...
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1answer
114 views

What are the laws of the sky over land?

In the USA, some of the states gambling is illegal. River boats and cruise boats allow gambling because vessels in open water are subject to federal not state law. Applying this logic to aircraft, ...
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1answer
129 views

Admissibility of evidence seized from wrong property on lawful warrant (USA)

Suppose the Police obtain a warrant to search Alice's house for smuggled diamonds (something really tiny). When they arrive, they knock on Bob's door instead of Alice's. It's a common mistake to make, ...
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2answers
102 views

In which cases it something legal just because you did not know it is illegal?

As part of general knowledge, there is a rule that a law still applies to you even if you do not know it. I assumed that to be fundamental, not just a rule of thumb. At least it seems natural. To my ...
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0answers
60 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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1answer
2k views

Is law enforcement responsible for damages made by a search warrant?

Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? ...
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1answer
178 views

Can I sue the U.S. Post Office for delivering Certified Mail that was open?

A couple of days ago, I went to my local post office and mailed a large envelope with paperwork inside of it and I had addressed it to me and my home address. The reason I did this was to do a 'poor ...
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1answer
64 views

City laws and ordinance

I'm trying to find out if the city of Oklahoma has the right to tow my car out of my drive way even if it's not in running condition
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1answer
79 views

Paying ransom to ransomware extortion - could communities be sued for collaboration with criminals?

There have been some recent ransomware attacks against communities (cities), especially in Florida, as reported e.g. by threatpost, and others. The malware has often lead to serious damages and/or ...
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1answer
104 views

Can we get charged for felony for opening a parcel accidentally?

Can you get charged for felony for opening a parcel accidentally? Some incompetent delivery guy put a $1000 parcel in the lobby of my apartment, and not realizing that only 1 of the 2 boxes was mine, ...
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1answer
116 views

What recourse do I have against a person falsely claiming to reside at my home?

A relative who has never lived at our house is in the habit of falsely using our home address as their place of residence whenever disclosing their place of residence for legal purposes, rather than ...
4
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1answer
61 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
242 views

Is the statement “I/we am/are pressing charges” incorrect?

In the media and in everyday life it is common to hear things like: "Are you going to press charges?" "Did Bob Press charges?" "I am going to press charges against that jerk" Or something along ...
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1answer
76 views

Meaning of “natural life” against “life”

If a law states: the offender shall be imprisoned for the remainder of his natural life and shall be ineligible for consideration for parole, probation or suspension of sentence. instead of a ...
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3answers
340 views

Is it really a traffic stop? Was I operating the vehicle?

I was at a gas station parking lot. The vehicle is registered under my name. My license plate is revoked in the state of Kansas for 3 years. The tags were not able to be seen due to mud covering the ...
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1answer
161 views

Can the deliberate withholding of sex constitute coercive and controlling behaviour under English & Welsh law?

First I should clarify that this question is (fortunately) entirely hypothetical and academic, so please don't worry about me (I'm fine). I am trying to figure out a seeming conflict in the broad ...
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1answer
125 views

US, legal producing pornography, illegal prostitution [duplicate]

If prostitution is illegal in the US, but production of pornography legal, couldn't johns/punters just offer prostitutes money for filming a pornographic movie instead of money in exchange of sex?
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1answer
116 views

Must shoppers show receipts if they don't want to?

Scenario Alice, a manager at Big Mart, observes Bob leaving Big Mart with three large flat panel plasma screen television sets. Alice asks Bob to produce his receipt. Bob refuses. Alice calls a ...
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1answer
65 views

What is the amateur FM broadcasting legal limit?

Some stereos can receive a signal just outside the commercial band at either end of 88 and 108. I legally can buy everything I need on eBay to transmit my own personal radio station. What legal ...
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43 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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1answer
46 views

Would a parent leaving their child at safe haven to avoid paying child support be guilty of a crime?

Let me start by saying this is a purely hypothetical question asked only out of curiosity, I have no unwanted children nor am I horrible enough person to do this if I did. Still lets say ...
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1answer
102 views

Marshae Jones' case: Manslaughter when shot, would it make a difference when baby was born?

This is very specific to the reported case of Marshae Jones, from what I learned in the article from The Guardian: Alabama: pregnant woman shot in stomach is charged in fetus's death The given ...
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2answers
71 views

Clery Act--Does it include reports of crime that occur off-campus to university members?

The Clery act states that universities in the US are required to collect (F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property ...
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1answer
126 views

What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?

According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
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1answer
99 views

How can nicotine be legal for a pregnant lady? [closed]

If a Lady is tested positive for THC it is illegal and depending on location one can be arrested and the baby taken, but if they smoke cigarettes to cause the unborn baby to die there is no penalty? ...
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1answer
99 views

What would someone be charged with if they did this as the patient before surgery?

In 2000 I had surgery. I had three wisdom teeth out in hospital. Two weeks before it I saw the surgeon. He handed me a form to fill out. It had about 50 checkboxes. Did I have AIDS, hepatitis or ...