Questions tagged [criminal-law]

For questions about laws related to crime.

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131 views

What are my rights if someone makes a false police report against me in Germany?

My landlord (also a business owner) in Germany where I live accused me with tons of different type of accusations because he hates me personally, and he called the police on me—at least, I think he ...
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126 views

Trump knowingly let thousands of people die from Corona; was that criminal? If yes, could he be charged (now or after his Presidency)?

The title says it all. Trump told Bob Woodward that he knew in February that the coronavirus was deadly but decided to actively and consciously deceive the public and not take decisive action to ...
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1answer
84 views

Is it legal to pick locks to gain access to an area you're allowed to be in, in Canada?

After a bit of discussion regarding my answer for this question in the Workplace Stackexchange, I got to wondering: Is it legal to pick a lock to gain access to an area you're authorized to enter in ...
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68 views

Is it legal to record your room mates, without their permission or knowledge in “community areas”?

UNITED STATES: WASHINGTON STATE: PIERCE COUNTY: TACOMA CITY hey guys, i have a question, i understand that the law right now is that you cannot legally record a phone call in Washington state without ...
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1answer
96 views

To what extent can the government saying “we won't prosecute X” be used as a defense?

Suppose the DOJ says that they won't prosecute anybody for doing X. John Doe then does X, and the DOJ prosecutes Doe for it. Can John successfully use the defense of "the DOJ said they wouldn't ...
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1answer
49 views

Does an employer have any obligation to report an employee with possible covid-19 symptoms?

Suppose you have an employee with fever during the covid-19 pandemic. Is there any law which makes mandatory to report your employee to the doctor, health authorities, or whatever for him/her to make ...
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1answer
83 views

If you want to study the basics of law, where should you start?

Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? ...
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3answers
138 views

If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?

As the title suggested. if a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime? I'd think he did, since I have seen a lot of cases where the police ...
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2answers
111 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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1answer
146 views

Could Trump be charged with a criminal offense for his actions related to the COVID-19 pandemic?

Recently Carl Bernstein called Donald Trump a "homicidal President": We are witnessing a homicidal president convening ― purposefully ― a homicidal assembly to help him get re-elected as ...
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What is the furthest point from land at sea where individual U.S. state laws apply?

I wondered to myself if there was a specific point within the 12 mile US territorial sea where individual U.S. state law ends and only federal law applies. For example, could an individual/business ...
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1answer
55 views

How are affirmative defenses of duress and necessity treated in U.S. law?

Duress and Necessity are two common law "affirmative defenses" that can be argued for acquittal of a criminal charge. However I can't find clear law or precedent for either in the United ...
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Pretending to be from the “Freedom to Breathe Agency”: impersonating an officer?

There's a woman going around claiming to be from the federal "Freedom to Breathe Agency", telling store workers that they can personally be sued for telling customers that they need to wear ...
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174 views

Can I sue my neighbor if he fired a gun and a bullet goes through my wall and almost kills me?

A neighbor two units down from me discharged a firearm inside the unit and the bullet went through both of our units and ended up in mine. If either of us had been using the bathroom we may have been ...
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128 views

Under what circumstances could laying hacker “traps” cause civil or criminal liability for non-law enforcement civilians?

The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
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3answers
237 views

Can I get in trouble for unknowingly receiving and selling stolen property?

UNITED STATES: WASHINGTON STATE: PIERCE COUNTY: TACOMA CITY My friend gifted me a bunch of useless crap, and I'm trying to sell garbage on offer up now. Can people get in trouble for unknowingly ...
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Can a vaccine be required by law?

This question came up because I read that Bolsonaro, Brazil's president, was criticized by the opposition for saying that COVID-19 vaccinations won't be mandatory. The opposition said that the vaccine ...
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1answer
69 views

Have any corporations ever been indicted for torture?

Generally when torture is discussed it's usually governments that are in the firing line. However, given the immense power in the modern world of corporations I'm curious as to whether any ...
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1answer
116 views

What exactly did Harvey Weinstein do to be convicted of rape in the third degree? [closed]

If a man puts gun to a woman's head to force her to engage in sex, that's rape in first degree. So what is rape in the third degree? https://en.wikipedia.org/wiki/Harvey_Weinstein_sexual_abuse_cases#...
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1answer
90 views

Is witchcraft legally punishable? [closed]

Suppose a witchcraft is proved to cause consequences, would it be legally punishable? I was telling to everybody that I am a sectarian and a religious fanatic. For this reason I would most likely die ...
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1answer
847 views

Can killing be “self-defense” if you are committing a crime yourself?

Kyle Rittenhouse has been charged with murder. I believe that the facts of the incident are not in dispute, because of ample video evidence: Rittenhouse was attacked, tried to escape, and when he ...
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1answer
113 views

Is it legal to prevent customers from leaving gym class early? [closed]

The following directive was issued to class participants: You may not leave class early. If you attend class you must stay for the entire class (unless there is an emergency). There are NO EXCEPTIONS ...
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1answer
89 views

What happens if a country refuses to take its citizens back?

With the covid-19 pandemic Argentina decided to establish limits for the return of its citizens and some of them could return to the country 5 months after this decision, and they had to remain for ...
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79 views

What laws are void when one goes out of their way to do something?

I want to ask for various examples where something is typically legal, but becomes illegal when someone forces or manipulates a situation as a loophole around the law. For example, if someone from a ...
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1answer
96 views

Does charging a defendant with more than can be proven confer some advantages to a prosecutor in the US?

Sometimes in criminal cases with a lot of media attention it seems like the charges brought against the defendant are much more ambitious than the public evidence and circumstance would support. Of ...
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1answer
92 views

Don't police actually have an obligation to arrest in some domestic cases ala NRS 171.137?

The previous answers say police have no duty to arrest. Yet it seems statutes in many states require arrests in some domestic violence cases. For example, in Nevada, NRS 171.137 is entitled, "...
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88 views

What does “Prima facie case is not to be confused with prima facie title” mean?

I do not know much about the law. I know prima facie means, but do not understand what it means in this sentence, which comes from an Indian court case: "Prima facie case is not to be confused ...
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3answers
114 views

When and why are jury trials preferred to bench trials of criminal charges?

A jury trial consists of a judge, who is the arbiter of law, and a jury, which is the "fact-finder." A bench trial consists only of a judge, who determines questions of both law and fact to ...
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1answer
1k views

Is normally illegal kink legal if consensual

My wife is older than age of majority and can freely give consent. She has a specific kink of wanting to be upskirted in shops. If I have her consent, can I do this without getting in trouble? If she ...
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1answer
46 views

Is There a Deadline for Forming Political Parties before a US Presidential Election?

Can I legally, with respect to the FEC, form a political party such as Kanye's "Birthday Party" just before a national election as he has? This article suggests not: "... you can only ...
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1answer
149 views

How much must a prison inmate protest against the incorrect actions of prison officials that erroneously benefit the inmate?

Based (loosely) on a recent event here in Ontario: https://www.thespec.com/news/crime/2020/08/18/do-not-approach-milton-prisoner-released-by-mistake-into-community.html Sam has been correctly ...
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209 views

Can lifeboat passengers claim the necessity defense if they are charged with murder for cannibalism?

Suppose a ship at sea suddenly develops problems and the passengers are put into life boats. One boat carrying 20 people gets lost. After 8 days without food and water, the passengers decide to kill ...
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1answer
73 views

Can law enforcement officer solicit complaints? Can you cite case/code?

Living in a Home Owners Association for fifteen years. Not a good experience. I was cited for dog at large and a complaint was signed by a neighbor. Police note states "I will have day shift ...
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93 views

If i sell something on a web app, can i be held liable if they pay with a counterfeit bill and i take it to the bank?

this question is for the jurisdiction of the united states, Washington state, pierce county, tacoma city. i am planning to sell some stuff on a phone app called "offer up" and one of the ...
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1answer
104 views

Is it classed as sexual activity?

In relation to the definition of ‘sexual activity’ I am wondering if explicit/nude photos would be classed as "sexual activity" under S4 SOA 2003?
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66 views

If negligence is admitted as a form of fault, how aren't you broadening the traditional category of mens rea?

I don't understand the embolded sentence below. How can you admit negligence as a form of fault, without broadening the traditional category of mens rea? Ashworth's Principles of Criminal Law (2020 9 ...
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3answers
193 views

How can one open a profitable MMORPG private server (server emulator) legally?

Background The MMORPG in question has a Korean developer and a German publisher. It is pretty old, but is still live and running by the publisher. The game appears to be dying and has a very low ...
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1answer
140 views

Are public defenders commonly paid “per defense”?

In Better Call Saul, Saul is upset that he's being paid "per defense" (1): Is this a common practice? Don't criminal cases vary significantly in complexity? How is this addressed with ...
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1answer
58 views

Culpablility for taking an unjustified risk with the interests of others v. Criminalisation

How can a monograph focus when [3] "a defendant is culpable for taking an unjustified risk with the interests of others", but not [1] "whether risking the interests of others itself ...
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2answers
80 views

Are lawyer conversations with third parties relevant to a case privileged?

Are lawyer conversations with third parties relevant to a case privileged? For example, imagine an attorney is defending a person against a criminal charge. The attorney interviews his client's ...
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1answer
59 views

Is it Cyber defamation and cyber insult crime to talk about someone else in the private chat?

So me and my friends had a group chat and we were talking about someone not in the group chat. We gave her some funny nickname but we never said it publicly. It was all in the private group chat thats ...
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2answers
275 views

Drink and riding (bicycle) offence in Germany

I am charged with a criminal offence in a drink-and-riding-a-bicycle case. I have received a letter mentioning the alcohol content 1.66 promile. I have accepted the charges and agreed to pay the fine. ...
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82 views

Is there duty to report crime that may be committed soon?

Rob approaches Bob and offers him a job: to commit a certain specific crime. Bob rejects. Question 1: At this point, does Bob have any legal duty/obligation to report Rob to law enforcement ...
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1answer
129 views

Stealing my pet back?

I was dating this guy for about a month. Within that,He convinced me to let my bird stay with him and he, my dad, and I all agreed that I would get her back if we broke up. Texted him last night and ...
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1answer
55 views

Automated backups of my clients websites to cloud storage, who is legally at fault if the backup contains illegal/copyrighted material?

I am currently working on a new backup service for all of my clients, where every day an automated system will take a copy of all of the website files, as well as a copy of the database. This will ...
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58 views

'Δ’s negligence was gross and whether, additionally, it was a crime' v. 'whether Δ's behaviour was grossly negligent and consequently criminal' [closed]

I'm having much difficulty with distinguishing pairs of sentences, and this time they're at the bottom below. Can you please simplify and elaborate? I'll divide the sentence into two. Doesn't "...
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1answer
59 views

“Due to my past this remark was far more insulting than […] for other people” v. “Because I was abused as a child I have lower levels of restraint”

Can someone please simplify and teach how to distinguish arguments 1 v. 2 at the bottom? They deal with s 54(3) below. They look the same to me because both arguments adduce D's past abuse as a child,...
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1answer
38 views

How does “maliciously” in s 18 Offences Against the Person Act 1861 imply 2. wounding a 4. causing GBH with malicious intent? [closed]

Concentrate Criminal Law (2020 7 edn). p 61. I copied and pasted s 18 for your convenience. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm ...
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2answers
56 views

Where negligence is enough for criminal liability, then a fortiori there's liability for intention or recklessness?

I accept Concentrate Criminal Law (2020 7 edn) p. 31 So, it is generally thought that intention is the most serious kind of mens rea, recklessness the next most serious, and negligence the least ...
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1answer
137 views

When Is it OK to Break a No-Contact Order?

Location: Indiana, USA Background: A friend of mine has a temporary no-contact order placed against him for his girlfriend. His girlfriend didn't want the order, but the state placed the order anyway. ...

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