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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6
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1answer
2k views

When someone steals my bicycle, do they commit a higher offence if they need to break a lock?

I know that stealing a bike is crime. My question is: can someone who steals a bike get additional charges if they have to break a lock as compared to picking up an unlocked bike?
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2answers
2k views

Does the double jeopardy clause prevent being charged again for the same crime or being charged again for the same action?

Suppose I were to kill someone and was charged with manslaughter, found not guilty, and more evidence surfaces, does double jeopardy prevent me from even being charged again for that action (the ...
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2answers
180 views

is it illegal to publish videos or photos of someone without their consent? [closed]

It it lawful for someone to publish on social media an audio-video clip of a private conversation without the other party's consent? Does the fact that the clip is accompanied by "nasty" ...
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1answer
91 views

What's the minimum age of consent for sexual matters in India

I'm confused about the age of consent for sexual relations. Is it 18 or 16? IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
12
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2answers
4k views

What will happen if a legally dead but actually living person commits a crime after they are declared legally dead?

What will happen if a legally dead but actually living person commits a crime after they are declared legally dead? I wonder whether they will have a normal or posthumous trial. Or will they be tried ...
1
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1answer
116 views

In Breaking Bad, how strong would Hank Schrader's case be if he had lived and Walter White had gone to jail?

Yes, Hank has definitely put together that Walt had been manufacturing methamphetamine and committed several other crimes to protect himself, and he'd fight tooth and nail for a conviction. However, ...
0
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0answers
14 views

Can everyone who participated in the Capitol riot be charged with murder? [duplicate]

Doesn't US law stipulate that anyone participating in a crime is equally guilty for the crimes committed during the commission of that crime? That is to say, since there were multiple deaths as a ...
0
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0answers
35 views

If I can defend myself without passing the bar exam, why can't I hire someone who has not passed the bar exam? [duplicate]

I can waive my right to an attorney and defend myself in a court of law even if I have absolutely zero experience. Why then, can I not hire someone who does not have a license to practice law? As ...
13
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4answers
3k views

Could all participants of the recent Capitol invasion be charged over the death of Officer Brian D. Sicknick?

Prosecutors in the US Attorney's office plan to open a federal murder investigation into the death of Brian D. Sicknick, a US Capitol Police officer who died Thursday night, a law enforcement official ...
12
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3answers
539 views

What are the legal violations and criminal penalties likely to be for the protesters that entered the Capitol on January 6, 2021?

I'm curious to know what sort of legal ramifications there can or will be for the Trump supporters who entered the Capitol building on January 6, 2021. I've seen it being called an "assault"...
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2answers
3k views

Can a law enforcement officer temporarily 'grant' his authority to another?

The emergency services dispatch of Small-town, USA receives a call from a citizen near city limits. The citizen placed the call after he drove past a roadkill deer off to the side of the road. It is ...
23
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1answer
2k views

Bright-line or Litmus Test for Sedition?

The media is crediting Donald Trump, Giuliani and Trump's son with inciting the protesters to march from the Ellipse to and breach the Capitol building on 6 January 2021, interrupting the electoral ...
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0answers
265 views

Definition of rebellion and insurrection in US federal law

18 USC 2383: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall ...
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4answers
8k views

Can you legally move a dead body to preserve it as evidence?

A fisherman is heading upstream in his boat, and sees a human corpse float past. Obviously even if it wasn't murder, it still warrants a 911 call because it was a death. The river however, is steadily ...
-3
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1answer
99 views

“Trump privately admitting it's over” — can he be therefore be prosecuted for Raffensperger call?

Not a lawyer, but if this reporting is correct, wouldn't it greatly increase Trump's legal exposure for the call with Brad Raffensperger about "finding 11,780 votes" this past Saturday, ...
4
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3answers
196 views

Why must victims of 'sex-for-rent' arrangements be legally defined as prostitutes to seek justice?

This Morning Star article describes attempts by Labour politicians to make it easier to prosecute 'sex-for-rent' arrangements, where landlords "demand sex from tenants in lieu of rent". The ...
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1answer
110 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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2answers
209 views

10-day Demand Letters in Texas

Some Texas districts/counties publish a 10-day demand letter that can be used when trying to retrieve property from a person, such as Cleburne, Dallas and Houston. Some of these letters reference ...
2
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2answers
96 views

Legality of This Hypothetical Situation (Lost/Misplaced/Abandoned Property)

I along with a few other people are curious as to the legality of scenarios logically similar to the hypothetical described below: Assume someone places their wallet on the ground in a public place, ...
0
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1answer
157 views

Criminal? Vehicle stolen by family member

If a policeman refuses to record or investigate a crime, such as a vehicle theft by a family member where the case could be borderline criminal or civil. What can one do to give the police department ...
1
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1answer
66 views

Is online lottery legal in India?

Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
2
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1answer
58 views

In the 1810 French penal code, were “stocks” a more heavy punishment than imprisonment?

In the 1810 French penal code, the prescribed sentence for some crimes is "carcan" (stocks), which is described as being put in stocks at a public place with information about one's name, ...
2
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2answers
204 views

Alternate recourse to assault

https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed Given the assault shown on the video (...
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2answers
65 views

Must VPN service providers whose servers are in the US, disclose a customer's IP address upon request from another country?

Is it obligatory for a VPN service provider with servers in the United States to disclose a user's personal information (such as IP address and logs) in response to a request that came from another ...
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2answers
122 views

Are there legal consequences of being banned by a web service?

If you get IP banned from a website (like reddit), while youre on your phone, do you face any legal repercussions? Does it show up on your record? Do you get banned from other websites? Do the police ...
1
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1answer
147 views

Can A Person Be Convicted For Impersonating A Medical Professional Through Text Messaging?

Given that there's Person A and Person B: Let's say that Person B decides to play two pranks - maybe with the intent to cause emotional distress to Person A - both instances by pretending to be in a ...
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3answers
2k views

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

Let's say I'm part of a jury in a case where I believe jury nullification may be warranted, and that my other jurors may agree with me, and so I suggest it to my fellow jurors. My jurors ask me what ...
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1answer
279 views

Could I create doubt of a crime by having multuple people suggest, but not actually claim, that they were the murderer?

Let's say hypothetically I'm a member of some gang and just killed a member of a rival gang. I've been accused of murder and taken to trail. My fellow gang members want to help me get off, but not ...
0
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1answer
149 views

Could you fix and carry (for self defense) antique firearms in 2010 New York?

Forgive me for basing this on a pop-culture reference. I heard this on a TV show: Abe: They (antique guns) are considered collectibles, so they don't have to be registered. Castle: Making it pretty ...
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0answers
65 views

What are the penalties of making false police report in Germany?

my GF & I have discovered recently that our flatmate had made a false police report in Germany while she visited her partner there. In her report she told the police that her bag was stolen while ...
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1answer
67 views

Liability for hyperlinking

Is there any jurisdiction which holds a website liable for policies of another website for hyperlinking to that website.Liability refers to any requirement like tracking number of link clicks or ...
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2answers
161 views

Hypothetical: If a thief gives the stolen money away [duplicate]

If a thief gives all the stolen money to their friend/family/charitable organization/etc. who has no idea that the money is stolen, and he gets caught, can the money be taken back? I know that if the ...
4
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2answers
169 views

What takes precedence, the law or first aid?

Earlier today a random question popped into my head, what takes precedence, law or first aid? So, my thought was brought on by the teacher going over basic first aid. If someone has heat stroke, get ...
3
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2answers
208 views

Lawyer knows trial is hopeless but tells client they can win

(Hypothetical) Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
1
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1answer
200 views

Why was he put in prison but never got a criminal record?

I watched this video about a dare devil climbing to the top of The Shard in London, before being cautioned by the police. The Shard later took out a private prosecution against him. I am confused ...
1
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2answers
173 views

What evidence to I need to win a case against a man who spiked my drink? [closed]

Last week I went to dinner with friends where I met a guy (a friend of a friend). After dinner he offered to come up for a drink to his place, he made me a cocktail, I had two sips then my other ...
1
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1answer
43 views

Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her? (This question comes up in ...
2
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3answers
158 views

What happens if two people claim the same (personalized) pardon?

What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual? For ...
24
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3answers
9k views

Is it illegal to carry someone else's ID or credit card?

I was watching a video by RealWorldPolice about a high school student who was arrested for carrying a loaded gun into his school in Seattle, WA. Footage of the entire search, detainment, and arrest of ...
3
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1answer
293 views

Can I surprise the prosecution with an alibi defense at trial?

Let's say I've been accused of a murder. Throughout the investigation I've plead the Fifth as to where I was when the crime happened. Eventually I'm put on trial, still pleading the fifth as to my ...
-3
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1answer
55 views

Life insurance for security guards

From here, death rate of security guards is 1/1000 per year. Of the armed, professional guards its maybe 10x higher. An average life insurance policy is $100 per month for a 30 year old, with a about ...
0
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1answer
50 views

Why was it neccessary for The Hague to establish the identity of all the people murdered in the Srebrenica Massacre?

The Srebrenica massacre of Bosnian Muslims constituted one of the main charges of genocide against the Serb forces at The Hague International Criminal Court for the Former Yugoslavia. Here, the Serb ...
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0answers
54 views

Is using proxies to circumvent rate limit to scrape data legal in India?

I'm in India, and this is what the Indian Information Act of 2000/66F says on the matter: Indian Information Act 2000/66F Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, ...
3
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1answer
87 views

Could a prosecutor agree to allow a defendant to plead guilty to a crime they knew they had not committed, per this “Law and Order: SVU” episode?

In the 9th episode of series 15 of "Law and Order: SVU", a serial rapist offers to plead guilty to a rape which he did not commit, while refusing to plead guilty to a series of rapes which ...
0
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1answer
85 views

Would it be interstate fraud for a company to advertise a brand-new 1957 car?

A company advertises a brand-new 1957 car. They claim to have several in stock and will ship it right away. They know they don't have those cars and cant get them because they don't exist and never ...
1
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1answer
23 views

how common are federal misdemeanor charges?

According to https://www.nbclosangeles.com/news/local/hollywood-man-arrested-on-federal-charge-after-his-drone-crashed-with-an-lapd-helicopter/2466525/ a man was recently arrested on a federal ...
3
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0answers
62 views

Why does the monetary fine portion of a law seem so much less severe than the prison time? [duplicate]

I have over time seen many US laws where the text reads a penalty of $1000 or 1 year imprisonment. The latest one I’ve seen was on my Twitter feed: But I’ve seen many like this over the years. Is ...
4
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5answers
3k views

Can I be subjected to physical punishment by the police in the US as long as it is outside criminal proceeding?

In Ingraham v. Wright, the US Federal Supreme Court ruled that it had "limited the application of the Eighth Amendment’s cruel and unusual language to criminal punishment". Can I be ...
0
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0answers
519 views

How will the “stop and identify” statute work in New Hampshire in this particular hypothetical?

I asked this question before but it was closed. So I will try to be here more specific. I have read the stop and identify statutes wikipedia page. In this page there is written that: In 12 states (...
0
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0answers
22 views

How does “stop and identify statutes” work in the US? [duplicate]

I was watching this video. The video is pretty long, but basically it is alleged that a guy keeps harrassing a men that is eating in a restaurant (calling him repeatedly, etc.). The man calls the ...

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