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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Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? [closed]

Are there any defenses for defendant who had a police officer order the filling of their known fraudulent prescription? These are the facts: Suspect leaves a voice mail for a fraudulent prescription ...
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1answer
146 views

If a suspect supplies a known fraudulent prescription and an officer orders the pharmacist to fill it, does the factual impossibility defense apply?

If a suspect supplies a known fraudulent prescription and a police officer orders the pharmacist to fill it, does the factual impossibility defense apply for the suspect? This act was impossible to ...
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2answers
245 views

If I were to steal an item explicitly labeled 'Steal this,' would I have any legal ground to stand on?

Say if somebody were to steal System of a Down's "Steal this Album", would they have any ground to stand on in that the item explicitly told them to do it? Would this fall under some form of ...
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3answers
305 views

Using online posts as evidence of defamation [closed]

Can untrue online posts and comments be used as evidence to substantiate a claim of libel?
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1answer
146 views

Are text messages and social media posts enough to charge someone with a crime?

A person vandalized a ups type work van by opening the brake bleeder valves , causing the owner of van to nearly crash when leaving for work . Despite there being no hard evidence , just a police ...
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505 views

If a murder was committed in Antarctica and it was unclear who did it, who would investigate?

If a murder were committed in Antarctica and it was unclear who did it, what country/agency would investigate? And, if the guilty party were identified, who (if anyone) would have the authority to ...
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1answer
3k views

Who has jurisdiction over civilian crimes on a US military base overseas?

A friend of mine works for the US military, and their family was living on a base in an allied nation. While they were there, a person known to them did some terrible things to their family, the kind ...
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1answer
2k views

My friend got stabbed by her brother and can't return home

This might sound insane, because it is. My 16 year old friend living in Chicago, IL got stabbed by her drug-using brother, and her mother doesn't seem to care. She just woke up in the hospital. She's ...
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3answers
265 views

Does any western European country prohibit its citizens from travelling to particular areas abroad?

In several countries, including European countries, there are public worries about citizens travelling to Syria. Although those press reports are not always precise, what is usually meant is people ...
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2answers
286 views

Can a police officer authorize the sale of a pharmacy's drugs to a suspected criminal without paying for the drugs first?

Can a police officer authorize the sale of a pharmacy's drugs to a suspected criminal without paying for the drugs first? Does this violate the United States or State Constitutions?
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Does a police officer have to get permission to break the law?

Does a police officer require permission before breaking the law? Justice Brandeis states: Decency, security, and liberty alike demand that government officials shall be subjected to the same ...
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1answer
125 views

Are there circumstances in which the source of drugs used by police provides a defense to those accused of crimes involving the drugs?

Can the source of illegal drugs used by law enforcement constitutionally shield those illicitly involved with those drugs from liability? For example, if law enforcement uses a pharmacy's drugs to ...
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1answer
835 views

Legal implications of this prank going horribly wrong?

I remembered coming across this comic from Saturday Morning Breakfast Cereal. In this comic, Tommy replaces his boss' gun with a fake that just shoots out a "Bang!" flag. Later, he breaks into his ...
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1answer
365 views

What Constitutes Possession in a Shared Living Space?

I am currently a college freshman living in a suite style dorm. As freshman like to do, two of my three roommates like to party and drink. At first there were just small gatherings, but as of late ...
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1k views

How to contact a government prosecutor?

Do public prosecutors work for a city, county, or state, or does it vary by location? Are they called district attorneys, attorneys general, prosecutors, or something else. Specifically, if I have ...
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114 views

What is the procedure to get answer from police related to a case?

My Father was murdered by a bullet to the head using Desi katta (country-made gun). He was a business man. I saw this all this in front of my eyes. The reason he was murdered was a property dispute. ...
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492 views

(Cryptography) - Sending Encrypted Messages Online

Is it legal to send encrypted messages (specifically using RSA key-pairs and AES 256) online in Canada and the USA? Also, can law enforcement request it to be decrypted without probable cause? PS. ...
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1answer
86 views

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level?

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level, possibly by stating the original sentence was cruel and unusual punishment?
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Borrow something and return it considered stealing?

So I was thinking, if I rode a coworkers bike home and returned it early the next morning before he noticed, is that legally considered stealing? Would this be legally considered stealing in CA?
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4answers
325 views

What criminal laws apply only to certain sectors of the populace on account of their biology?

I realise that laws vary by country and by jurisdiction within a country. I would therefore invite answers according to the preference and expertise of the person answering. If I have to specify more ...
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534 views

Unalienable Rights

What are unalienable rights? Surely, noone actually has these rights, correct? We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with ...
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2answers
153 views

Relative efficacy of filing for embezzlement in superior court or for return of monies in small claims court

Assume that I have lost $1,000 due to embezzlement. What are the pros and cons and practicalities of trying to press charges of embezzlement vs going to small claims court to get the money back? For ...
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1answer
379 views

Is it a criminal offense for a defendent to introduce inadmissable evidence in a criminal case?

Consider a criminal trial by jury. If the defendant attempts to introduce inadmissible evidence, is there any penalty preventing them from doing so? For example, under Rape Shield laws, an accuser's ...
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747 views

Legal action regarding a potentially violent neighbor

My neighbor that lives in the apartment below mine repeatedly makes ridiculous complaints of us making noise which include "being able to hear our fan" while we use it during a hot summer night, or ...
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2answers
558 views

Why do the accused rarely plead guilty?

I notice that in the United States it seems like the accused rarely plead guilty in the case of a serious crime, even if the evidence is overwhelming. Not infrequently I will see cases in which the ...
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2answers
109 views

Can an e-commerce site owner be guilty of a crime if the site is hacked?

Are there any crimes that could apply to a site owner if his e-commerce site is hacked?
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227 views

Inciting fear in the public

On a recent foreign prank show the following scenario took place. A group are dressed in realistic Hazmat suits. The group are scanning an area with fake radiation detectors. The detectors are set ...
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1answer
662 views

Treason vs Whistleblowing charges?

Can anyone explain the difference between leaking classified information where the information leaked doesn't technically violate any laws (ie- wikileaks) & printing something like the drone ...
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1answer
110 views

What law is violated when someone subscribes another person's email to several websites?

What law is broke if someone subscribes another person's email to several explicit websites?
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230 views

Is it a crime to bring a device that resembles a bomb to a public place such as an airport?

Is it a crime if someone is aware a device looks like a bomb and brings that device to a public place?
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1answer
2k views

Is it legal to drive a street-legal car via remote control (United States)?

Specifically, I mean modifying a car so that it can be driven completely by remote control using a first-person view camera like a drone. Would doing this be legal? Would this change if there is a ...
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1answer
205 views

Where do telecommunication crimes take place?

In the United Kingdom, where does a telecommunication crime take place? Is it the location of the criminal or the victim? For instance, if you hacked a computer in London, but you were based in ...
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1answer
275 views

Immunity in exchange for testimony

Suppose John Doe is on trial for murder and Jane Smith is called as a witness. Suppose some question prompts Jane to take the fifth against self incrimination. My understanding is that the prosecution ...
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5k views

Can someone who does not consider himself a us citizen extradited and punished for a US felony crime due to a US citizenship?

based off of the answer to this question: If one leaves the US to commit an act illegal in the US but legal in the country they travel to are they guilty of a crime? My first bizarre loophole ...
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1answer
4k views

If one leaves the US to commit an act illegal in the US but legal in the country they travel to are they guilty of a crime?

Before anyone asks this is part legal curiosity, part proving for 'loopholes' that I could have villains in a story exploit, I don't need 100% accuracy so much as general guidelines, and any unique ...
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382 views

Does the 14th Amendment give people the liberty to break laws and constitutions?

Are laws and constitutions themselves a violation of the 14th amendment? Can the government deprive people of their liberty to use drugs for recreational use, hire prostitutes, gamble, etc? Any law ...
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2answers
426 views

Is the bible used by judges?

When making a decision, can a judge use the bible or must he go strictly by the statutes?
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1answer
173 views

Purposeful Destruction of a Computer

A hobby of mine is reading up on the latest IT nasties, and i came across 'The USB Killer'. 'The USB Killer' is designed to look just like a USB Thumb drive, but when plugged in it causes a lot of ...
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2answers
3k views

What would happen to a person with no identity?

I'm working on an RPG, and a few of the characters have no ID, and are secretly from another universe. If one is processed for a minor crime (say, trespassing), but has no ID, no history, and no ...
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0answers
163 views

Can evidence produced in a civil action be excluded from a criminal trial?

Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a ...
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4answers
5k views

Can you sue yourself for wrongful-death without admitting manslaughter?

Prompted by a comment in another question, the story of a woman suing herself came to my attention. http://www.foxnews.com/us/2015/02/19/utah-appeals-court-allows-woman-to-sue-herself-over-fatal-car-...
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2answers
599 views

Counterfeit vs. pirated goods

What is the difference if any between pirated, contraband and counterfeit goods? "Smugglers usually smuggle contraband into and out of a country for commercial gain" a shipping line can as well be ...
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2answers
767 views

Can a law-enforcement officer share a crime report with the alleged perpetrator?

This is one of a few questions I will ask. I understand that no one can give legally binding advice and I am not asking for it. I am looking primarily for information and terminology I need to ...
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2answers
2k views

How to report a sham marriage in Sweden

It makes sense to reject a sham marriage (marriage of convenience) arranged solely for the purpose of admitting foreigners to EU on false claims of "anknytningsperson" (loosely speaking "connected ...
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2answers
2k views

No right to a public defender

In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying. Basically, the court appointed ...
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2answers
71k views

Why do prisoners spend so long on death row?

In the USA, once appeals have been exhausted, why do prisoners spend so much time on death row? My personal opinions on death penalty aside, I would expect that once the sentence is final, it should ...
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1answer
778 views

What's the status of the estate of someone that has been convicted of stealing, and ordered to pay restitution?

Mr. X has been convicted of stealing $1 million, sentenced and ordered to pay restitution. What is the status of his estate under the following scenarios: 1) Mr. X has spent all the money and is ...
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1answer
2k views

Self incrimination vs. obstruction of justice / destruction of evidence

Suppose a police officer has probable cause to arrest me based on evidence in plain sight. He wants to initiate a search pursuant to arrest. Before the officer can detain me, I put the (alleged) ...
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2answers
670 views

Legal consequences to asking questions about specific illegal activity?

Say I were to make a website that consisted of short survey like questionnaires. For the purpose of this question lets say 1 question per survey, 1 survey per page. Can legal issues arise from asking ...
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1answer
62 views

Applying for PHD in Florida. Application question

State: Florida Subject: Applying for PHD programs in Florida Question on Application: "Have you recieved disciplinary action?" "Have you ever been arrested for, been convicted of, or entered a plea ...