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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Personal, Subpoena'd Information that's Exculpatory is 'Missing'

If information is acquired by a prosecutor that is potentially exculpatory but misplaced, what should a defense attorney do, and what (beyond admonishment) would a judge ordinarily do?
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Is reading obscene written material online illegal in the UK?

I am quite confused by what seems at the outset to be a very simple question in the UK's obscenity laws. Suppose a person puts an obscene story on a website (we'll call them the Writer) and another ...
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Can a civilian lawfully use deadly force against bank robbers in California?

Assume a bank robbery with one or more armed gunmen, in the City of Los Angeles, such as occur in movies or real life, who arrive yelling demands and brandishing firearms at victims but have not shot ...
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What does an officer mean by custodial statement?

If (in Canada) a police officer asks you to come in to make a custodial statement does this mean you will be placed under arrest?
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2answers
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If you commit a crime on the border of two different countries, which will you be charged in?

If you commit a crime on the border of two different countries*, which will you be charged in? In addition, for the sake of argument: Both countries want to separately trial the criminal The ...
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0answers
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Legal to share malware code/sell malware products?

I program / rewrite (from security analysis / reverse engineering) different kinds of malware software as a hobby. Those include some pretty malicious things like ransomware extortion viruses, banking ...
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7answers
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Is this hearsay?

In this situation, the attorney is attempting to find out on direct exam. whether the witness had a conversation with the defendant, who is being sued for securities fraud, about business matters: ...
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2answers
135 views

What makes an organization a criminal organization?

What exactly makes an organization worthy of the title “criminal organization”? For instance, say, at some particular bank, it is discovered that several high-ranking officials were involved in an ...
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1answer
570 views

Can a contract to kill help someone avoid murder charges?

My friend just poses this question to me. In this hypothetical situation, two people, X and Y sign a contract in which they both agree that X is allowed to kill Y. Then later, X does kill Y. Here is ...
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Which part of the US constitution protects the life and safety of US citizens?

I could not find any interpretation of the US constitution that US citizens have the right of life and safety. So what is the constitutional base for laws of crimes against the person (murder, battery,...
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1answer
192 views

Does Syria have a law that states fleeing from the country is illegal?

I was reading this interesting question at Expats SE. It states: I am a Syrian refugee who escaped the war! In my country I am considered an outlaw for doing this. So, this makes me curious. Does ...
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Why do prominent public figures resign, instead of being prosecuted, when they appear to have committed a crime?

A few examples: Iceland's prime minister resigned when his relationship to the Panama Papers was discovered. The police superintendent in Chicago, Illinois, USA was fired when a video containing a ...
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2answers
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Is a person with a warrant in one US state immune in another

An individual has a warrant in two US states (Colorado and Illinois) for running away from probation for a domestic abuse/stalking issue. This person is now in Arizona. Are there systems whereby they ...
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2answers
626 views

Can I legally refuse entry to people with face coverings

Can I refuse entry and/or service at my retail business (food service, grocery, book store, etc.) to individuals wearing face coverings? i'm specifically interested in religious coverings such as ...
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1answer
169 views

If I run a website with guides on how to commit fraud, can I get in trouble?

If I run a website with guides on how to commit fraud can I get in trouble? If someone is arrested on the website for Grand Theft can I be charged with anything? If not what would I have to do to be ...
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Giving Someone Money Because of a Criminal Act?

I was wondering what laws, if any, restrict donating money to criminals who have committed crimes which you support and want to encourage (lets assume the motivations are not necessarily so explicitly ...
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581 views

What is plausible deniability, and to what extent can it be used?

I have a hypothetical question: Say I am a normal person, I go on the internet, and buy a prepaid debit card, that seems completely normal and legitimate. The very next day, the FBI knock down my door ...
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2answers
326 views

What happens if a murder occurs in space?

Let's say that there's a joint mission to the International Space Station, composed of American and British astronauts. They get along well for the first few days, but tensions grow, and eventually ...
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1answer
108 views

On what grounds can a government delegalise the use of specific software and is that compliant with international laws?

As I read in the "Government use" section in the VPN blocking article on Wikipedia. It seems that Iran and China (used to) block access to use VPN software. I'd like to widen the scope of the question ...
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2answers
300 views

Kid left in hot car: What main legal factors affect if charges are brought?

If a kid gets left in a hot car (e.g. because the caretaker forgets), the kid can die. Serious criminal charges are sometimes brought against the caretaker (or caretakers, plural)... even if the car ...
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289 views

Texas District Attorneys - Law Is Merely A Suggestion?

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS of the TEXAS CODE OF CRIMINAL PROCEDURE, CHAPTER 2. GENERAL DUTIES OF OFFICERS states: It shall be the primary duty of all prosecuting attorneys, including ...
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174 views

What is the legal grounds for the MA approved gun roster?

In Massachusetts, the attorney general's office ruled, many years ago, that only guns that they approve of, which have certain features, are legal to sell in the state. This regulation claimed to ...
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2answers
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Jurisdiction of Texas Rangers in Louisiana?

I understand that Texas Rangers are responsible for killing Bonnie& Clyde in North Louisiana. Is it lawful for a Texas Police Agent to engage a citizen in New York City?
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Buying a vehicle that may have been involved in a hit-and-run

I was interested in buying a truck from someone in Kentucky, USA. A friend said he heard the person selling it had performed a hit-and-run about a month earlier. No one was hurt, but police were ...
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872 views

Does nationality affect punishments under the Kuwait system of justice?

I saw another American steal some expensive items in Kuwait. He was dragged away by the hisbah and some Kuwaiti national guard. I can understand some Arabic from being in Iraq and I'm pretty sure I ...
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1answer
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Major difference between criminal and civil law being that there has to be no specific victim in former?

Is it true that while for prosecution according to civil (private) law there has to be a party that has been wronged (I'm going to refer to as "victim" from now on) while for criminal law that does ...
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1answer
165 views

How do Canadian Youth Criminal Laws Work?

In Canada, prosecution of youth follow a different system than adults. Canada has a statute known as the Youth Criminal Justice Act, that outlines the details of the system. Prior to the act, there ...
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If someone forgets that they committed a crime, are they still guilty?

Let's say that a person, we'll call him Bob, decides to go out and kill someone. The police hear about the murder, but they can't figure out that Bob was the killer. A few weeks later, Bob still hasn'...
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1answer
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Is escaping prison a crime?

Is it actually illegal to escape from a prison or will it just have effect on increased sentence in practice? I heard something that in Sweden where I live it is not illegal to escape, but is that no ...
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1answer
526 views

What constitutes publishing offensive material?

Recently an article was published in my local newspaper (Bedford, UK) saying a man had been charged with publishing offensive material. A quick Google search suggested that the definition for this is "...
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Under what circumstances is it OK to intentionally drive at people?

If a civilian is driving a car towards a person who is a police officer, that is historically sufficient justification for the officer to apply the instant death penalty against the driver. Even if a ...
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348 views

Why does the law give immunity from crime, to children below age 12? [closed]

I understand if children below the age of 7 were granted immunity, because they don't understand very well, what crime is. Children above age 10 definitely do understand. So why does the law absolve ...
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What should i do when my landlord breaks an agreement, and later invokes the 60 days tenant notice in Ontario

My landlord refused to repair a big mold problem in my former apartment, when i told to the superintendent the mold in the apartment was making me and my kids sick, he yelled i should move out if i ...
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When can someone be charged with theft in Canada?

I mentioned in a previous question, when I moved out I accidentally took something that wasn't mine and returned it. Out of curiosity could this be considered theft? What if someone returns something ...
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What is the origin and significance of distinguishing between “misdemeanor” and “felony”?

As far as I know, the difference in definition is merely that a "misdemeanor" is something punishable by a year or less in prison, and a "felony" is something punishable by more than one year in ...
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2answers
481 views

Company knowingly debit fees it is not due from bank account and does not return it: is this fraud or theft?

This morning, I was reading this article on the Consumerist about a man who cancelled his business service with Comcast. In summary, he had an early termination fee of $1,775 debited from his bank ...
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Wire tap law - Better Call Saul

At the season finale of Better Call Saul: Season 2. Chuck records Jimmy admitting to committing a felony. The recording was obtained without Jimmy's permission (the tape recorder was hidden). Wouldn't ...
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Why would you wait for a lawyer before talking with the police if you're innocent? [closed]

Let's say you were arrested and detained for a crime that you didn't commit. The police/detective starts questioning you but before they get anywhere, that old saying of, I want to speak with my ...
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1answer
329 views

Evidential difficulties (suspect identified; victim supports action)

I have been reading crime report and there are various outcomes to cases. What does it mean when case is closed due to reason: Evidential difficulties (suspect identified; victim supports action) ?
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How would a government catch terrorists or foil terror attacks without spying on everyone [closed]

What method(s) would law enforcement / spy agencies use to get intelligence or information or evidence if they were not allowed to spy on every citizen by listening in on calls and reading emails?
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205 views

How is a bicyclist regarded in a road rage incident with a bus?

I was on a bicycle. A bus was tailgating me and honking his horn. When we stopped at light I twisted his mirror around. Did I commit any crimes? Driver was trying to scare me or he was just a ...
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4answers
257 views

Legal to demand payment for information of interest to criminal investigators?

Suppose I have a video surveillance system. Down the road from me a serious crime occurred. Investigating officers canvass the neighborhood looking for leads. I, being a "good" American citizen, ...
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5answers
11k views

May a person accept and keep bribes so long as they act lawfully?

This isn't a situation I'm in, but rather something I'm curious about. If a private person (outside of any position of authority) is bribed to keep an illegal act they witnessed secret, but chooses ...
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Does filling U.S. postal service business reply envelopes with junk incur any legal peril?

Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense. In fact these business ...
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5answers
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Why are people sentenced to prison for terms longer than life?

Albert Morake was sentenced to 1,535 years in prison. How can a person be sentenced to more than 1 life imprisonment?
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1answer
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“Right to silence” for witnesses in Norwegian law

I know that the Norwegian Criminal Procedures Code §90 gives a suspect the right to refrain from testifying against themselves. There's this Norwegian fictional story where a group of friends witness ...
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Is stealing a key equivalent to stealing whatever it unlocks?

My understanding is that if a person commits a theft, the theft is considered more or less 'severe' depending upon the value of the item(s) burglarized. If this is true, how would that work for an ...
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1answer
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What is the overall conviction rate of U.S. criminal courts?

Of all criminal cases that go to trial and end in a verdict in the United States, what percentage result in a conviction for at least one of the offenses being prosecuted?
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127 views

Posing as another living person on social media — illegal or no?

Say I pose as another person on social media and use their name, photos, etc. Given that it's just a mock-up account and it's not used solely for criminal activity or among other means to harm or ...
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1answer
233 views

US juror qualification: could a stripper be a juror on a Sunday school teacher?

I have just watched the "Eleven Angry Jurors", a sequel with the CSI, Crime Scene Investigation. One of the jurors was a stripper. The case was described as a high-profile, murder. http://www.imdb....

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