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.

Filter by
Sorted by
Tagged with
2 votes
1 answer
153 views

If a cop is mistaken in his belief that X is true, where X would typically be grounds for reasonable suspicion, does he have reasonable suspicion?

If a cop is factually mistaken (but sincerely mistaken, not a liar) in his belief that X is true, and if X would typically constitute grounds for reasonable suspicion (were it to be true, which it isn’...
user avatar
0 votes
2 answers
27 views

What legal remedy available for Proprietor firm an accused to deal with138 of NI act Dishonor of cheque

A proprietor firm "ABC Traders" continuously do's the business with a Private Limited Company. The "ABC Traders" gets credit upto 70 Lakh from the said Private Limited Company. ...
user avatar
2 votes
0 answers
105 views

Can one intimidate court appointed lawyers into quitting to exhaust the full list?

This question is based on a real case in a country in Eastern Europe. The defendant being accused of running an organized crime group, seems to be intimidating all the court appointed attorneys into ...
user avatar
  • 129
2 votes
2 answers
121 views

If you borrow something but can't contact the owner to return it, does it become yours?

Do I become the owner of a device someone lets me borrow if I can't return it? Say someone lets me borrow their iPad since I need an Apple platform for a project. They say I don't need to return it ...
user avatar
1 vote
1 answer
199 views

Would Anthony Huber be considered armed at any point?

Anthony Huber was carrying a skateboard when he encountered Kyle Rittenhouse. When Mr. Huber struck Mr. Rittenhouse with the skateboard, did the status of the skateboard change from simply an object ...
user avatar
3 votes
3 answers
181 views

Does partiality discredit witnesses?

In criminal trials, when a regular (non-expert) witness does not like the defendant (and admits it when asked), does that alone give a valid reason to discredit them to any extent at all? Can the jury ...
user avatar
  • 20.1k
0 votes
1 answer
39 views

Joint Enterprise and Witness Intimidation in UK

(For MOOT case). An accused burglar is currently in an ongoing criminal trial. The accused burglar tells his friend details about the person who accused them. The friend, after hearing about the ...
user avatar
2 votes
0 answers
57 views

Could a cell phone carrier sell this privacy plan?

Suppose Verizon offered a "privacy plan" (e.g., for $50 extra per month) in which they intentionally delete any location/ping/connection/dialing history data from their servers/towers such ...
user avatar
  • 889
29 votes
6 answers
11k views

What crimes did Rosenbaum commit when he engaged Rittenhouse?

The jury has found Kyle Rittenhouse not guilty of murder of Joseph Rosenbaum based on the defense's claim that he acted in self defense. Given the facts outlined by this NPR article, it appears that ...
user avatar
  • 2,410
-2 votes
2 answers
268 views

Is a lawyer allowed to point an unloaded gun at the jury, if it's just for a demonstration?

I understand that sometimes arms have factual bearing on cases and have to be entered into evidence but how anyone managed to point a gun at a jury and not get rugby tackled by a bailiff is beyond me. ...
user avatar
  • 2,484
3 votes
2 answers
237 views

Is mutual self defense a thing? [duplicate]

Given very similar facts to the Rittenhouse case, but where the other guy shoots first, could that guy as a defendant claim self defense and win? Imagine two sides in a conflict which hasn’t resulted ...
user avatar
  • 8,262
2 votes
1 answer
142 views

Are there statistics on how often Mistrial with Prejudice happens in the US?

During the Rittenhouse trial I was surprised to learn there's a legal concept called Mistrial with Prejudice. Are there any statistics on how often this happens in Federal and State courts in the US ...
user avatar
  • 2,588
2 votes
3 answers
272 views

Where is the line in regards to jury intimidation?

I have been closely following the Kyle Rittenhouse case closely. During a discussion on whether the jury could view video evidence multiple times, protesters with megaphones could be overheard in the ...
user avatar
  • 3,210
2 votes
1 answer
93 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
user avatar
14 votes
3 answers
5k views

What happens if I sell the same physical item to several people?

Follow-up question for Could a contract with ludicrous terms be enforced? At the end of the hypothetical there, they raise the possibility of someone secretly selling the same physical item (a unique ...
user avatar
  • 251
13 votes
4 answers
5k views

When there is a hung jury, is it reported how badly it is hung?

I would think it would be important to the State to know how many hold-outs there were. It seems like it would effect the cost/benefit analysis the State makes when deciding whether to re-try the ...
user avatar
  • 3,210
43 votes
2 answers
11k views

Are lawyers allowed to lie about the law during closing arguments?

In his closing arguments during the Kyle Rittenhouse case, the prosecution said (full quote) that “You lose the right to self-defence when you’re the one who brought the gun, when you’re the one ...
user avatar
  • 3,210
37 votes
1 answer
5k views

Isn't a hung jury proof of reasonable doubt?

I don't understand the logic with allowing additional trials after a hung jury. Isn't the fact that the prosecution can't get 12 jurors to agree the accused is guilty proof that guilt was not proven ...
user avatar
  • 3,210
1 vote
1 answer
85 views

What 2012-2015 SCOTUS decisions make "letter[s] from the grave" inadmissible into evidence?

I've read this interesting bit: In a 2008 trial where a man was accused of poisoning his wife with antifreeze, Schroeder allowed into evidence a letter the wife wrote a neighbor accusing the husband ...
user avatar
  • 2,752
0 votes
1 answer
185 views

Can a person doing criminal activity claim self defense if the criminal activity has nothing to do with why he is attacked? [duplicate]

Basically what Kyle Rittenhouse did is clearly self defense. However, he is carrying a gun against the law. So he cannot claim self defense. Is this true? The reason I ask is I thought that the ...
user avatar
2 votes
1 answer
172 views

Can a judge's decision to admit or not to admit "character evidence" under Wis. Stat. § 904.04 be challenged (on appeal)?

In the heated exchange between the judge and prosecutor (see 2nd video here) in the Rittenhouse trial, the judge says that he admitted "90404" evidence in other trials that the defendant was ...
user avatar
  • 2,752
5 votes
1 answer
119 views

Can disjunction elimination be used to convict someone of a crime without knowing which crime they committed?

Three different crimes are committed (for simplicity; the same type of crime, just distinct counts) by three different people. Someone is arrested based on evidence that proves they committed one of ...
user avatar
  • 273
1 vote
0 answers
198 views

Is there any jurisdiction where this booby trap is legal?

It's been well established through other discussions here that booby-trappping one's property is both tortious and illegal in the United States. My question is whether it's known to be legal in any ...
user avatar
17 votes
2 answers
8k views

Law Firm with one lawyer and hundreds of legal experts who haven't passed the bar

In this hypothetical scenario lets say there was a law firm that has only one lawyer to file all paper work, make all court room appearances to represent the firm. All of his work, however preparing ...
user avatar
2 votes
1 answer
104 views

Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?

If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
user avatar
21 votes
3 answers
7k views

How bad does your lawyer need to be for your trial to not be fair?

I am watching the Kyle Rittenhouse trial, and his lawyer just seems horrible. He doesn't object to anything. For instance, he didn't object once when the police officer who downloaded the videos was ...
user avatar
  • 3,210
3 votes
2 answers
488 views

Kyle Rittenhouse's reckless endangerment charge

Kyle Rittenhouse shot Joseph Rosenbaum four times, killing him. He was charged with murder for this, and also reckless endangerment because Richie McGuinness was some distance behind Rosenbaum. If ...
user avatar
  • 3,210
-4 votes
1 answer
96 views

Laws concerning stealing and killing [closed]

I have two questions: Is stealing your stolen cell phone considered a crime? Is killing a dead person punishable? Please provide legitimate sources.
user avatar
  • 13
5 votes
2 answers
458 views

Is Double Indemnity conduct which can be considered both civil and criminal?

In a basic introduction to law class (major is computer science, I'm in the UK and the focus of our course is England and Wales) we were told that conduct which can be considered as both civil and ...
user avatar
2 votes
1 answer
96 views

Which laws are broken if a company rents out ransomware?

Suppose a company writes and owns a software that can be used to commit ransomware attacks (say break into someone elses IT system, encrypt everything, demand ransom for decryption). The software also ...
user avatar
  • 1,046
2 votes
1 answer
99 views

US equivalent of "no case to answer" before trial

At least in New Zealand and the United Kingdom, criminal defence can make a "no case to answer" application before trial (they can also make one at the close of the prosecution's case during ...
user avatar
  • 20.1k
1 vote
2 answers
310 views

What are the laws around punching someone for calling you a name?

I am looking to learn about something I know nothing about, please excuse my terminology, I am looking for leading answers to learn. If I call someone a name "you dumbass" and they punch me ...
user avatar
  • 119
2 votes
1 answer
45 views

Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?

Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
user avatar
3 votes
0 answers
34 views

When bounties are offered for information leading to a conviction, how is it decided who gets it?

Inspired by this article, how exactly is it determined who gets the bounty? Surely the police get many tips, do all informants get paid? Is the bounty split or do they all get the full amount? If ...
user avatar
  • 3,210
9 votes
2 answers
1k views

Felony codes in Frank Artiles fake campaign case in Miami-Dade

Frank Artiles, a former Florida state representative and senator, was charged with felonies in connection to a scam candidate scheme in Miami Dade County. There was a general question asked about the ...
user avatar
-2 votes
1 answer
114 views

Could there be legal action against me for non-payment of rent with no written contract? [closed]

I have occupied a room in freehold from a family for about 2 years now. There was never a lease. For the past 10 months I have not been living there (but at my girlfriend's place), I go there once a ...
user avatar
  • 157
-5 votes
1 answer
86 views

Legality of commiting a crime, car theft

I am interested in knowing about the legality of committing a crime in a situation that disable another crime from happening while protecting one's life or property. For example: A man a has a car. ...
user avatar
  • 1
0 votes
2 answers
95 views

Would a dog attack ever be considered an assault with a deadly weapon?

Ingrid and her neighbor Fatima have a long standing dispute. One day Ingrid's dog bites Fatima. Aside from civil liability, are there circumstances where Ingrid might face assault charges, including &...
user avatar
  • 1,310
8 votes
3 answers
2k views

Are there any legal systems where "guilty until proven innocent" is actually a thing?

Related: What different legal-systems are there? The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is ...
user avatar
1 vote
1 answer
136 views

If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
user avatar
11 votes
10 answers
6k views

Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?

In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
user avatar
  • 556
13 votes
2 answers
3k views

Can messages in messaging application be used as evidence to accuse someone?

For domestic violence, sexual assault, and stalking, abusive partners can misuse messaging to harass, intimidate, and threaten. How significant is evidence of messages in a messaging application (like ...
user avatar
5 votes
1 answer
94 views

Does the High Court ever exercise original criminal jurisdiction?

Does the High Court of Justice of England and Wales (Queen's Bench Division) ever exercise original criminal jurisdiction in serious cases (eg, a terrorism trial) in modern times? Has it ever ...
user avatar
2 votes
1 answer
96 views

Can a retrial admit evidence given in the original trial?

Say there was a criminal trial, and the verdict was later set aside on appeal due to some critical procedure errors happened during questioning of one specific witness (out of many). For example, a ...
user avatar
  • 20.1k
6 votes
2 answers
433 views

How does good faith defense work with a strict liability law?

I was scanning Wikipedia's article on strict liability in the US and it has this quote: However, in United States v. Kantor,[15] which concerned underage pornographic actress Traci Lords, the Ninth ...
user avatar
  • 4,868
-6 votes
2 answers
200 views

Mail sent to my address for someone who doesn't live there and I don't do any work for free [closed]

I don't work for free. I don't write on envelopes, call the post office, or do anything that I don't personally want to do unless I am getting paid to do it. I keep getting mail in my mailbox that ...
user avatar
  • 9
3 votes
1 answer
112 views

Is it illegal to parachute from a paraglider in the UK?

Question 1: Is it illegal to parachute from a paraglider in the UK? The jumper and pilot would know and understand what they are doing. Jump would (ideally) take place over an unpopulated body of ...
user avatar
7 votes
1 answer
4k views

Carrying a knife in public in the UK

Is carrying a certain knife in the UK, more specifically England, allowed? And what type of knives do these have to be? e.g. blade length. Would carrying such knife be allowed if you do not have a ...
user avatar
  • 339
0 votes
0 answers
62 views

Are restaurants forced to call the cops if a customer enters a restaurant without a vaccine passport in Quebec?

Are restaurants forced to call the cops if a customer enters a restaurant without a vaccine passport in Quebec? I heard a vaccine passport was implemented in Quebec and I was wondering if restaurants ...
user avatar
  • 4,826
1 vote
1 answer
60 views

Does Meng's "statement of fact" improve the DOJ's case against Huawei?

While the US deferred prosecution against Huawei CFO Meng Wanzhou, they only did so in exchange for a four-page "statement of fact", which sounds pretty incriminating against Huawei as a ...
user avatar
  • 2,752

1 2
3
4 5
32