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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1answer
95 views

Is there generally a duration after which a permission given to a person is terminated automatically?

Consider the following as an example: Jack and Sam were both 18 years old. At the time, both were good friends, and Jack has given Sam permission to use his e-mail account for sending and reading e-...
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0answers
55 views

Can a defense attorney switch the defendants in court? [duplicate]

Can a defense attorney switch the defendant in court to prove that a witness can't recognize him? (Like Saul Goodman did.) What would be the consequences?
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2answers
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Can a non-citizen make a citizen's arrest in the US?

In the United States, can a non citizen make a citizen's arrest? Does this vary by state?
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46 views

Intention to commit violent domestic abuse but failing?

This is not US-specific, I'm in Europe, but more general for all Western legal systems. I just read https://en.wikipedia.org/wiki/Domestic_violence_against_men and something struck me - intention is ...
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1answer
69 views

Does a judge has the discretion to not jail someone who is guilty of having murdered someone?

Does a judge has the discretion to not jail someone who is guilty of having murdered someone? If not to what extent can he reduce a murder sentence if the verdict of the jury is guilty? I am wondering ...
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1answer
107 views

What would happen if a minor was falsely accused of being a predator by an online sting group for sexting and an investigation started? [closed]

What would happen if a minor sexted other minors online, posted offensive and outrageous things, adult porn and a sting group reported them to the police assuming they were a predator and essentially ...
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5answers
4k views

"Innocent until proven guilty" doesn't apply to bail?

How does the law reconcile the "innocent until proven guilty" principle with the treatment of those awaiting trial on criminal charges? At least in the U.S., it seems like there is a meta-...
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0answers
118 views

What are the laws for trespass in Austria? [duplicate]

Bobbi, a national or equivalent of Austria, after admitted to enter, refuses to leave from public (government) premises of Austria at the close of business hours despite having been given due notice. ...
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3answers
315 views

What are the laws for trespassing in Germany?

Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice. What laws and ...
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1answer
443 views

For what crime can you get jailed if a criminal leases you a stolen art piece? [duplicate]

What crime can you get jailed for if a criminal leases you a stolen art piece? Let's say you loan an art piece for 1 day, and then you call the authorities because you know it was stolen, can you ...
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1answer
69 views

What crimes can lead to a house arrest in Austria?

I am writing a piece of fiction in which the protagonist is put under house arrest after a bar brawl. This happens in modern-day Austria. House arrest means he is not allowed to leave the city without ...
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0answers
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For the purposes of the 1963 Vienna Convention on Consular Relations, is being ordered to and appearing before a court "detention" under any charges?

As a criminally charged person before the court, are you detained or are you free to go while before the court per the order of the court to be present in a criminal hearing? International Law 1963 ...
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1answer
111 views

How is culpability determined in the following strange case?

I'm a murder mystery writer and recently I came up with an interesting idea for a murder method, but I was curious in particular legal logic behind it. Let's say two adults - Persons A and B - decided ...
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Does the statute of limitations apply when the accused is jailed in another country?

Does the statute of limitations apply when the accused is jailed in another country? Let's say the accused is jailed for 50 years and the statute of limitations is 50 years, will the accused be able ...
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0answers
23 views

Will impeachment have to precede criminal charges against the president of the US? [duplicate]

Lets say the president of the US kills a person. Would he first have to be impeached before his murder trail can begin or do criminal charges against him happen the same way as with anyone else? Or ...
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3answers
92 views

Is there a particular circumstance where the U.S. president can be tried for declaring war against another country?

Is there a particular circumstance where the U.S. president can be tried for declaring war against another country? What are the criteria for the president to be tried for declaring war? Is there even ...
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0answers
51 views

Can illegal immigrants sue the U.S. government if they got injured while being detained?

Can illegal immigrants sue the U.S. government if they got injured while being detained? In my knowledge, legal immigrants can sue the U.S. government if they got injured while being detained, but I ...
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1answer
73 views

What laws/regulations/statutes must LexisNexis follow regarding opt-out privileges of certain groups

One can go to LexisNexis to suppress information. There are several options on why you want your information suppressed, but three stood-out: I am a public/elected Official I am a law enforcement ...
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1answer
150 views

Is there an exceptional situation, where leaking classified military documents is not subject to criminal prosecution?

Is there an exceptional situation, where leaking classified military documents is not subject to criminal prosecution? I am wondering if everyone who leaks classified military documents are going to ...
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1answer
976 views

Can you get sued or charged criminally for financing a group seeking to secede from the U.S. government?

Can you get sued or charged criminally for financing a group seeking to secede from the U.S. government? Let's say there's this group in Hawaii that wants to secede from the U.S. and you decide to ...
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1answer
519 views

Why is Derek Chauvin considered a predatory offender in Minnesota?

Derek Chauvin has recently been sentenced for the murder of George Floyd, and as part of the sentencing he will be required to register as a predatory offender upon release. However, Chauvin was ...
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1answer
40 views

If a crime applies extraterritorially under the Special Maritime and Territorial Jurisdiction, can it be applied when committed in a foreign country?

I’ve been finding this confusing. If Bob, a US citizen, commits a crime in country A, which is illegal extraterritorially under the Special Maritime & Territorial Jurisdiction, does this mean he ...
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4answers
5k views

Can a prosecutor hold back charges so they can try again?

Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc. Obviously, there ...
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2answers
75 views

Where can one file complaint re bribing witness and false evidence in NYC (Manhattan)? District Attorney?

A civil court case in New York City (Manhattan) is still being decided and a attorney brought these issues to the judge. During the proceedings of the trial, one side allegedly bribed witnesses and ...
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1answer
980 views

Is cub art illegal and considered Pedophilia

I was told since a friend of mine has an anthromorphic furry cub drawing, they will be charged with possession of child pornography. but it’s a drawing and not an actual child, so I’m confused…. Is ...
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4answers
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Can judicial branch modify the law without showing that the law is not constitutional?

Jurisdiction is Indonesia. However, for comparison, I would love to know if this works in other countries too. I have learned that there are 2 main laws in the world. Civil and common. In both cases, ...
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1answer
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Can Idaho employers ask about dismissed criminal convictions?

In California, if a person is convicted of a crime, then later has the conviction dismissed under Penal Code section 1203.4, then Labor Code section 432.7 makes it illegal for employers to ask about ...
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1answer
117 views

How can a F-2 visa holder establish a company but can't work inside the US?

As I searched about, I found that establishing a new company inside the US is allowed for everyone, but working inside the US is not allowed for certain type of visas like F-2 visa that is a student's(...
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1answer
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Under article 128 of Narcotic law in Indonesia, Users are protected from being charged under what laws?

http://www.flevin.com/id/lgso/translations/JICA%20Mirror/english/4868_UU_35_2009_e.html Article 128 (3) Narcotics addicts that are old enough as referred to in Article 55 paragraph (2) are currently ...
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1answer
121 views

What is the legal basis under US law for prisoner swaps with Russia?

In 2010, the USA and Russia agreed to exchange prisoners. The political basis for such agreements is clear, but how does it work legally? Is there a formal agreement in international law between the ...
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4answers
531 views

Why isn't double jeopardy overruled by new conclusive evidence?

I came across a murder case where the person was acquitted and evidence came out after the trial that she was guilty but she wasn't retried because of double jeopardy. The justice system is supposed ...
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2answers
294 views

Bob dies because Eve chose not to be vaccinated, is this a crime?

Bob is a clinically vulnerable adult that has a weak immune system. Eve is one of Bob's friends. Eve has been offered a vaccine for a widely spread and contagious disease that has the potential to ...
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1answer
114 views

Crime records as a minor, does it affect sentencing as an adult?

Are crimes as minor, especially felonies, kept in your records? And would they affect your sentencing as an adult? I am not asking about a specific jurisdiction, I just want to have a general idea.
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What is the age of consent in Indonesia? 15 or 18?

I found this question on a forum https://www.livinginindonesiaforum.org/forum/general/laws-visas-money-matters-and-documents/52502-age-of-consent Wikipedia says 15. However, Article 82 child ...
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3answers
236 views

A Lawyer recieves an unintended letter from a client. Is it privileged?

This is based on a situation in a mystery novel. In the novel a lawyer receives an envelope addressed to him by a client, in the client's handwriting, which the lawyer knows well. But the letter ...
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1answer
86 views

DUI Charges in America

Suppose a person falls below the legal BAC limit for a state in the USA (say the limit is 0.08%). Can the person still be charged with a crime? Are police officers required to put handcuffs on anyone ...
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1answer
75 views

Should you share Credit Card details with online websites?

This comes from me casually entering my bank details on every next website. This includes Canadian tire, Home Depot, Coinbase, etc. to name a few. There are countless such (reliable and well-known) ...
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2answers
99 views

Standards for convicting a person of being an accomplice to a crime when the crime did not occur

Apparently in the United States one can be convicted of being an "accomplice" to a crime, even if that crime has been proven in a court of law to have not occurred. Is there a legal standard ...
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1answer
168 views

Are You Entitled To Release From Prison If All Of Your Accusers Recant Their Testimony?

There's no physical evidence that a man convicted of a murder in Addison, Ill. is guilty. Instead, his conviction is mostly based on the testimony of three friends, all of whom later recant. May a ...
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1answer
102 views

Is it illegal to give advice to a 17 year old girl who wants to pursue a 50 year old man once she turns 18?

I met a girl on an internet forum who expressed how she at 17 years old liked an older man (a 50 year old), as someone who had a similar experience (but i was an 18 year old woman, so legal) she asked ...
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2answers
1k views

Was Bob Dylan right in thinking that William Zantzinger's sentence was some sort of miscarriage of justice?

Bob Dylan's song “The Lonesome Death of Hattie Carroll” tells the mostly-true story of Willaim Zantzinger's killing of Hattie Carroll in 1963 by striking her with a cane. Zantzinger was a relatively ...
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2answers
78 views

Assault while commiting a felony

Alice and Bob accost Carol as she gets out of her car and steal it. In the process, Carol is struck and injured. The police find and arrest Alice, but Bob evades capture. If Alice is charged with ...
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1answer
60 views

What does "punishable merit" mean?

I was wondering what 'punishable merit' means in this text. Supreme Court Justice Stephen Breyer, who was heavily involved in the process, defended the use of past practice by pointing to the ...
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2answers
414 views

Are "evidentiary" standards similar or different in a civil versus criminal case?

In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
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1answer
84 views

is an 11 year order for protection legal

it appears as if an order for protection has been altered but I need to be educated on whether or not it is possible for an Order for Protection to be effective for 11 years when the defendant has a ...
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2answers
103 views

Under US law, is it illegal to write a self propagating computer worm

Suppose a person creates a self-propagating computer worm that: does not modify or delete any of the victim's files rather displays a funny message to the user scans other computers and spreads ...
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2answers
277 views

Is this robbery a non-violent crime? Can police deliberately ignore robberies? Is it legal to violently resist a robbery?

I just came across the following facebook status. I cannot testify to its veracity, although given the SF DA policy not to prosecute quality-of-life crimes it sounds believable. Anyway, this status ...
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1answer
114 views

Hospitalized person in custody. Not allowed ANY FORM of communication [closed]

My wife had an altercation with her son: he shoved her and she broke her hip. We called the police because he was out of control. She tried to stop him from flattening tires on his wife's car, however ...
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1answer
143 views

Making fun of someone's sexuality in a magazine subscription

What kind of crime is it considered to fill out a magazine subscription for someone else giving them a provocative false name? Addressing it to someone who is very annoying, and happen to be gay. They ...
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1answer
257 views

Is kissing the crotch of an underage girl of age 5-6 illegal?

I have recently seen a grandma kissing the crotch of a girl of age 5-6 through panties in a public place. She was holding the girl in hands. Is this illegal? Is it legal only for women to do?

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