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.
1,481
questions
7
votes
1answer
4k views
Carrying a knife in public in the UK
Is carrying a certain knife in the UK, more specifically England, allowed? And what type of knives do these have to be? e.g. blade length.
Would carrying such knife be allowed if you do not have a ...
0
votes
0answers
60 views
Are restaurants forced to call the cops if a customer enters a restaurant without a vaccine passport in Quebec?
Are restaurants forced to call the cops if a customer enters a restaurant without a vaccine passport in Quebec? I heard a vaccine passport was implemented in Quebec and I was wondering if restaurants ...
1
vote
1answer
59 views
Does Meng's "statement of fact" improve the DOJ's case against Huawei?
While the US deferred prosecution against Huawei CFO Meng Wanzhou, they only did so in exchange for a four-page "statement of fact", which sounds pretty incriminating against Huawei as a ...
1
vote
1answer
130 views
Is police report inadmissible when the cop who wrote it is not available to testify?
Say a cop conducted a crime investigation, interviewed the person of interest (later charged with the crime) and wrote it all down in a report.
When the trial comes, the cop is no longer available (...
14
votes
3answers
4k views
Does grabbing someone by the jacket constitute assault?
What is considered assault in England ? An example Person A swore at Person B and was grabbed by the jacket by person B in a casino.
Has Person B committed assault even though person A may have ...
1
vote
1answer
126 views
Do criminals get the bounty for turning themselves in?
In theory the bounty money is spent to get that fugitive delivered, so could it get paid to the fugitive themself?
-2
votes
2answers
114 views
Where do defendants found guilty get discharged without conviction?
In New Zealand, a defendant may be "discharged without conviction" after found guilty.
Courts would apply such a discretion where they are satisfied that the consequences of conviction would ...
0
votes
1answer
95 views
Is it legal to publish free offline cheats and at the same time have a Patreon for donations?
I am a person who like to do a lot of things for living. I was wondering of releasing offline cheats for free with a Patreon for donations ONLY. Is it illegal to do that or legal? I really need a ...
17
votes
3answers
5k views
Can criminal law be retroactive in the United States?
I was watching a segment from CNBC on YouTube and was surprised by the fact that the government intends to make the tax rate retroactive after the law is passed so that the new tax rates will apply to ...
-3
votes
1answer
83 views
How does the issue of premeditation factor in when the death penalty is considered for felony murder?
How does the fact that felony murder is at least in principle murder without premeditation, factor in when the issue of the death penalty is being considered as punishment for the crime? Surely the ...
3
votes
1answer
81 views
Legal status of pre-natal gender screening by Indians outside India
India has banned pre-natal gender screening under the The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Does the said law (or any other law or treaty) ...
0
votes
1answer
95 views
Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them in the UK?
Son confronts salesman for 'selling confused mum £6k doors'
Do companies have to ensure that a person doesn't suffer from dementia when selling products or services to them? I am wondering if ...
2
votes
1answer
134 views
Is there any legal obligation to tell a supplier they are consistently undercharging for a service?
Back story: Historically my electricity supplier worked on a 3-month billing cycle. They asked for a meter reading (or took their own reading), sent a bill, and I paid it. Rinse and repeat every three ...
0
votes
2answers
71 views
Is there an extra time given for criminal prosecution in Canada if there's foreign evidence that have to be collected?
Is there an extra time given for criminal prosecution in Canada if there's foreign evidence that have to be collected?
There might be delays experienced if the court has to secure bank records and ...
0
votes
1answer
100 views
Is there any cognizable ground for criminal prosecution for the surreptitious or unconsensual use of male reproductive cells or “spermjacking”?
Bob, the founder of a Silicon Valley business on a high-growth trajectory, meets Alice, and they enter into a romantic relationship.
Sure enough, Alice informs Bob that she wants to be the wifey.
Bob, ...
-3
votes
2answers
64 views
I live in a city and I walk my dog on community college campus they come out say that it is policy not to have dogs on campus
The retort I had is that this is not posted anywhere, and even if it was what legal enforcement does the campus have against me. They can't find out who I am, They can't detain me. They can't hold me ...
2
votes
1answer
73 views
Travelling through New York with a firearm
I recently had a discussion with a gentlemen when asking about a scar on his body and it led to a shocking story that almost seemed such an abortion of justice as to not be entirely correct or ...
0
votes
1answer
48 views
Can state secrets be revealed in a criminal lawsuit?
Imagine if there is criminal lawsuit against a CIA agent before a U.S. court. To defend himself, he needs to reveal secrets. For example, he would need to reveal other CIA agents whose lives would be ...
7
votes
2answers
4k views
Does a Good Samaritan law protect a person from murder charges if they kill someone who had been violently attacking a police officer?
I am wondering if Good Samaritan laws protect a person from being charged with murder if they kill a person who had been violently attacking a police officer.
For example, say that a person is walking ...
2
votes
1answer
44 views
Is it possible to enact legislation eliminating life without parole without first repealing an existing truth in sentencing statute?
I would like to advocate for legislation within my home state of New Hampshire which would allow for a parole hearing for anyone having served 25+ years. Such a law would eliminate life without ...
19
votes
1answer
3k views
Under what statute can an English judge 'sentence' someone to read classic literature?
This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, ...
1
vote
2answers
122 views
If a person keeps making business promises to deliver but does not deliver (Scams), could this be considered a Crime?
I know one person who approaches many business for services and defaults on his promise to deliver. Basically he takes the money and simply runs away. This has happened multiple times and people say ...
2
votes
1answer
120 views
Can we presents Secret recordings as proof to the police?
I recorded a call from my former roommate Who claims that I caused him to lose his deposit and he wants me to give it back (he apparently did some damage to the room we used to live in, and somehow ...
0
votes
2answers
177 views
Can you be charged if police say you sold drugs to a person with no video of the sale [closed]
Can an individual be charged with selling an illegal substance if they are not in possession and/or have not received money for an illegal substance?
Is video evidence required for such charges?
-1
votes
3answers
273 views
Why are the owners of OnlyFans not arrested for profiting from child pornography?
Over the last three months, the BBC has been reporting about children selling pornographic images and videos of themselves on British online platform OnlyFans. They also reported that it was easy to ...
0
votes
1answer
104 views
Is possession of a firearm in Spain only punishable by a fine?
I have read on the Interior Ministry website (Google translation link) that in Spain possession of a firearm, in the absence of any other crime (such as armed robbery) is only subject to a fine of up ...
-3
votes
2answers
140 views
Murdering somebody somebody in part because you do not like his religious beliefs
Image that person X does not like people who practice a certain religion. He knows that his co-worker, person Y, practices that religion. Person X believes that it is always wrong to kill (including ...
3
votes
3answers
135 views
Constitutionality of outlawing recording of court proceedings in the United States
In the United States courts seem to be supposed to be public proceedings. For example, if a criminal trial is going on, I believe in most cases I cannot be prevented from entering that room and ...
1
vote
1answer
87 views
Can you establish a "guilty mind" if the defendant is a victim of blackmail?
For many criminal offences, from what I understand, you have to establish 2 aspects: actus reus (the act of crime), and mens rea (the guilty mind). The mens rea can be many things: from as direct as ...
17
votes
1answer
5k views
What motivated the Indian supreme court to legalize homosexuality?
According to the Pew Research Center article Key findings about religion in India, 97% of the Indian population is religious. Now, in all of the popular religions like Hinduism, Christianity and Islam,...
0
votes
1answer
62 views
Chase accounts closing due to fraud from joint account with sibling. Will I get my money back in the other accounts?
I helped my sister open a bank account through my own chase account years ago. It never occurred to me that anything that took place on her account would effect me. She was recently involved in a scam ...
0
votes
4answers
130 views
Can charities function as a bankruptcy shield?
Take Bill Gates as a hypothetical example. He wants to avoid estate tax, bankruptcy or anything else taking his assets.
He created a charity and his children can run it and collect a salary. If the ...
1
vote
3answers
106 views
Why was it formerly illegal to use the Swiss coat of arms in the United States?
18 U.S.C. § 708 formerly made the unauthorised commercial usage of the Swiss coat of arms (the white cross on a red field) a criminal offense in the United States. It was repealed this year, but why ...
2
votes
1answer
74 views
Is anyone currently in jail/prison as the result of a private prosecution in the USA?
Private prosecutions are extremely rare but not completely disappeared in the US, and persist in a few states. I want to get a sense of just how rare they are.
Is there anyone currently in jail/...
0
votes
2answers
70 views
What constitutes operating or driving within the meaning of statutory offenses?
What constitutes operating or driving within the meaning of statutory offenses? Let's say that you are letting your friend drive your car and you're next to him and allowing him to drive your car ...
2
votes
2answers
209 views
Can a USA federal employee use a prostitute in a Las Vegas where it is legal?
We got into an interesting debate at work today after someone joked that a prostitute would be cheaper than dating someone. The crutch of the debate was whether Federal employees or military could ...
4
votes
1answer
2k views
Notice of uncontroverted facts in criminal trials
Section 128 of the New Zealand Evidence Act 2006:
(1) A Judge or jury may take notice of facts so known and accepted either
generally or in the locality in which the proceeding is being held
that ...
0
votes
3answers
223 views
Is it possible to look at illegal images legally?
There was a case in the UK a few years ago where Chris Langham, an actor, was arrested for looking at indecent images of minors. The actor's defense was that he was about to play a pedophile in a TV ...
1
vote
2answers
66 views
Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States?
Is writing an article about a document that wasn't leaked yet a crime as severe as actually leaking the document in the United States? Say you know someone from Wikileaks, and you read a classified ...
1
vote
4answers
176 views
What is it called when a suspect is questioned without their lawyer?
To elaborate, I know it is illegal for authorities to question a suspect when their lawyer isn’t present. Is this a crime or just illegal? If it is a crime, what is it called?
2
votes
1answer
58 views
Who is legally accountable for the action of the internal audit of a company?
Who is legally accountable for the action of the internal audit of a company in the U.S.? If the internal audit of a company doesn't do due diligence by not properly auditing the financial documents ...
1
vote
1answer
27 views
Surrogate Court for Petition of Probate New York-Last Will Date Witness
On page 1, #3 of the below form/link.
I have the will. It has the date. There are no fields for printed names, witness, etc.
It just has 2 signatures. One of the attorney and one I assume was the ...
3
votes
3answers
160 views
When does a warning not to talk to the police become "witness tampering"?
Every competent criminal defense attorney will advise their client (or anyone else) NEVER to talk to the police. Law professor James Duane gave a 45-minute lecture on this exact subject. So, obviously ...
2
votes
1answer
42 views
Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?
Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?
For example, let's imagine that in a preliminary hearing before the trial has started, a cop ...
1
vote
0answers
31 views
Validity of Sec 309 of IPC (criminalization of suicide)
Section 309 of IPC (Indian Penal Code) criminalizes suicide as following —
Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple ...
-2
votes
4answers
210 views
How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?
Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
0
votes
1answer
45 views
How is the value of an item in a bundle determined in cases of theft?
Suppose someone steals a part of a sellable object (e.g. stealing a wheel from a car dealer) or one item in a bundle (e.g. taking half of a bag of donuts)? Or suppose the value of the item cannot be ...
3
votes
1answer
95 views
Can awareness of other crimes be used as part of a self-defense argument?
Daniel Perry shot and killed Garrett Foster at a protest/riot last year. What is not disputed is that Foster approached the window of Perry's car with a rifle, when Perry shot him. Could Perry's ...
-2
votes
2answers
104 views
Would this stand the test of the Constitution? [closed]
The back story:
Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
0
votes
1answer
113 views
Is it a felony to drive a car that was recalled and poses a danger?
Is it a felony to drive a car that was recalled and poses a danger? Let's say a car was recalled due to faulty brakes. Is it a felony to still drive that car without having it repaired by the ...