Questions tagged [criminal-law]

For questions about laws related to crime.

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1answer
130 views

Does preventing a murder justify breaking a “No Trespassing” law?

If I see a "No Tresapssing" sign on a house door, but I hear screems for help from inside. The window was left open by mistake and I see a big guy beating an unarmed man and getting ready to kill him. ...
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2answers
158 views

Are you disobeying a lawful order to stop if you're already fleeing?

This is frankly quite a silly and obviously hypothetical question. Could you be charged with disobeying a lawful order assuming you are already breaking that order? Realistically, if you are fleeing ...
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3answers
120 views

Is it legal to prosecute someone for ulterior motives in the US?

Suppose someone does something you don't like but isn't illegal. Can you (a prosecutor) prosecute them for something illegal with probable cause not because of their illegal action but because of the ...
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4answers
120 views

Is there a way to hold someone criminally liable for the factual veracity of statements made outside of court or other official proceeding?

I am not talking about criminal libel or defamation in jurisdiction where such a thing exists - rather, is there a modern equivalent of an oath ? Can a talk show host for example ask an interviewee ...
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1answer
75 views

Need an opinion [closed]

Ok, so pretty much long story short, I've been court ordered to AA, and have went three times thus far. It's been great also. They have given me this sheet till the end of next month, but I've already ...
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2answers
72 views

Is abuse during custodial interrogation grounds for suppression?

I assume that a custodial interrogation that involved the use of "torture" would be suppressed by any U.S. court. But I can't find a law that clearly defines custodial practices that would constitute ...
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2answers
185 views

MMA Fighter knowingly slays their opponent with a legal hit, is it manslaughter

In an american MMA (Mixed Martial Arts) sanctioned match, one fighter executes a newly created technique, we'll call it the "five-point palm exploding heart technique" upon their opponent. Said ...
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2answers
81 views

Municipal Court Remand New Jersey Help

Imagine a disorderly charge for a first-time offender who pleaded guilty. The defendant appealed the case and was granted a remand.The defendant now has a charge on his record for disorderly conduct, ...
2
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1answer
135 views

Can a juror be held in contempt if he/she sexually harasses another juror during a trial?

During a trial, if a juror complains to a judge that another juror has been sexually harassing her/him either inside or outside of the courtroom, can the judge hold this accused juror in contempt of ...
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5answers
229 views

Is an illegal abortion a Malum in Se offense or a Malum Prohibitum offense?

Anglo-American Common Law generally divides criminal offenses into two categories. Malum in Se offenses are inherently wrong. This includes traditional offenses such as Murder, Robbery, and Assault. ...
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2answers
168 views

What is the legal term for coerced indecent acts (not including rape)?

Say that a person were coerced into performing indecent acts of a sexual nature, such as nudity, masturbation, oral sex, etc. If intercourse occurs, that would be classified as "rape". What would the ...
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1answer
39 views

Impersonation - promoting contents to make it look like it's coming from someone else

We have 2 people, person A and person B. Let's say person A decides to fabricate contents and made it look like it came from person B and promoted it to anyone and everyone. Person A made it look to ...
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1answer
105 views

I believe this is too much, covering ALL of my windows

These A4 notices where covering every window of my car, 3 on windscreen, 2 back widow, 1 one each other, i believe a simple don't park would suffice, this was over kill, can I do anything
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0answers
41 views

I read this story about a physical assault. How much of it actually makes sense? [duplicate]

I read this story about an assault, and I'm wondering if it adds up or not. So these two guys get into an argument, and it gets really out of hand, causing one of the guys to tackle the other guy and ...
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3answers
118 views

If a law abolishes a crime, can the law pardon people previously convicted of that crime?

For example, could a law that legalizes a drug retroactively free people previously convicted on charges for that drug so long as they didn't break any other laws? I know laws can't retroactively ...
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0answers
36 views

What are the boundaries of when felony murder can be invoked?

Question 1: Bill sends Mary a death threat. Mary reads the mail a week later and gets so upset that she has a heart attack and dies. Has a felony murder taken place? Question 2: Can't most 2nd and ...
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2answers
2k views

Why did OJ Simpson's trial take 9 months?

It's my understanding that most trials are over in a week. Are murder trials typically much longer, or was OJ Simpson's case very unusual (aside from the publicity)? Do trials essentially last as ...
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3answers
199 views

I just read this story about a lawsuit. Does it make any sense? [closed]

I read a fictional story about this assault/lawsuit, and I'm really stuck on some of the details. I'm trying to figure out if it was actually written correctly or not... So this guy assaulted another ...
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1answer
2k views

Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

This is a followup to Is it illegal to wear military surplus clothing? US Law 10 USC 771 provides that only members of the US military may wear: ...the uniform, or a distinctive part of the ...
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3answers
7k views

Can an airline pilot be prosecuted for killing an unruly passenger who could not be physically restrained?

The 'Arming Pilots Against Terrorism Act' (H.R.4635) '...shields flight deck officers from liability for acts or omissions in defending the flight deck of an aircraft against acts of criminal violence ...
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2answers
424 views

Innocent until proven guilty in Germany?

My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
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2answers
301 views

Want to sue my former employer for wage theft; or settle

I have not been paid wages for April 2019 and was abruptly laid off on May 8. I want to sue the company. They are moving money out of the U.S., telling employees we'll be paid soon, and seemingly ...
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1answer
232 views

Is fake blackmail still illegal?

Someone spoofed the headers on an email to a redirecting address I own today and it's laughably written, but raised a question for me. The message claims to have kompromat on me that absolutely does ...
3
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1answer
126 views

Do I have to submit DNA again after first sample failed?

Question (short version): My probation has been transferred to my home state via Interstate Compact. Can the sending state still compel me to resubmit a new DNA sample? Background: I was convicted ...
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6answers
2k views

Constitutional limitations on criminalizing behavior in US law?

I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your ...
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1answer
76 views

In the English law, how is a conflict of interest between an extradition request and a criminal conviction solved?

This question was motivated by Julian Assange's famous case, but it is a more general question. As it is known, he currently has a conviction of 50 weeks prison term for bail jumping. Thus, England ...
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2answers
1k views

Can one be prosecuted for sexting a minor overseas?

Let's say a person(18yo) exchanges nudes with a 17yo (not a crime where I live) who is living in Britain where it would be a crime. Could the UK arrest and prosecute the person?
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2answers
177 views

One crime multiple charges?

I often read in the "papers" that a suspect is charged with multiple counts of the same crime. Latest example are the parents of Andrew Freund, according to this article, each parent is facing "five ...
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1answer
34 views

What are the US Federal laws on Shared VPN IP

There are Images uploaded to a certain website not linked to any accounts, just IP, linked in a case towards a federal case. can this evidence be inadmissible if the only proof is "IP : Picture". ...
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1answer
179 views

What are the legal repercussions of dosing somebody?

I have a strong suspicion somebody is dosing(I'm not going to get into the exact drugs listed) people at a bar/restaurant I attend. What is the best legal course of action that can be taken? What ...
2
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1answer
151 views

Can people get in trouble for investigating or charging the president?

Not word for word and please correct me. Is there a law like this? If so: Should any criminal investigation or legal action, investigation even a phone call that takes time from the president in ...
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3answers
200 views

Does disordely conduct apply when on private property?

Bob is in his home watching TV when he hears a knock on the door. It is the Police and they would like to speak to Bob. They claim that Bob is suspected of a crime and would like him to open the door (...
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2answers
199 views

Can you sue the prosecutor in a criminal proceeding?

If someone went to a job interview, and the job was offered to said person immediately after the interview, but upon arriving at home the person receives a phone call from their potential future ...
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4answers
6k views

What would be Julian Assange's expected punishment, on the current English criminal law?

Currently, the only charges form the British side against him are, that he avoided the criminal procedure (he was, on the British law, a fugitive) by his "visit" on the Ecuadorian Embassy. Meanwhile, ...
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1answer
78 views

Who would be legally responsible for the application of mainstream wrong psychological/psychiatrist therapies?

Several times has happened that the definition of mental disorders/ psychological-psychiatrist therapies/theories have been proven wrong. Yet they have been applied over people causing them problems ...
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2answers
231 views

What happened to bounties in the wild west?

Few things are more emblematic of the wild west era that a wanted poster. Today such a thing is unheard of. I know today there are rewards for information leading to capture of fugitives and bail ...
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3answers
405 views

Is Plummer v State still valid under contemporary law?

Apparently, in Plummer v State back in 1893, the court ruled an individual may act in self-defense against a police officer provided there is unlawful use of force. Note, this does not mean self-...
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1answer
90 views

Escort receives prepayment for services and client sues [closed]

Can I be arrested in civil court pertaining to my ex-profession as an escort? I received a lump sum from a client to cover 150 services. I satisfied the loan but foolishly signed paperwork saying I ...
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3answers
1k views

What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
2
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1answer
95 views

US Treason Definition vs Technology

I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction: No person shall be convicted of treason ...
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2answers
125 views

Does 18 U.S. Code § 1543 apply to foreign passports?

Consider this An American uses a fake scan of a Canadian passport over the internet to open an offshore bank account The account is never used No quantifiable damages are incurred Is the American ...
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1answer
100 views

Is it ever not legal to cause harm to escape non-institutionalised harm? [closed]

Is there ever a case where your legal duty to care/not harm someone causes you to not be able to legally retaliate against non-institutionalised harm? Examples do not have to be specific to any ...
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3answers
213 views

Is it a crime to falsely claim to have committed a crime to someone not a legal authority?

I've been wondering about this. I know that, say, it is generally a crime to file a false police report, and the motivation for this seems logical because that it wastes police time and resources - ...
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1answer
128 views

Liability of online service provider for illegal user content?

Suppose someone develops a chat app where you can send messages and pictures. Messages are stored in a database. The developer, who is also the site owner, would have pretty much access to every ...
2
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1answer
165 views

How do you file a criminal complaint when the police refuse to file the complaint?

Lets say that Bob has a problem with a high ranking member of the local government (Mayor, Police Chief, etc). After several protests of the local government and encounters/arrests by the Police, Bob ...
3
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1answer
168 views

Liability from attaching a note with tape to an improperly parked car?

I am a security officer for a private estate. I frequently deal with cars parking in a way that obstructs other vehicles. On a recent occasion I asked the various tenants of the estate and each ...
2
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1answer
116 views

Is it legal to flee the scene of an accident to get help?

Let's say that I'm in an car accident in which the driver of the other vehicle is injured. I originally stop to render aid and do what little I can to help the other driver, but they appear to have ...
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0answers
40 views

How a criminal speeding citation of 104 mph in a 75 mph zone will affect my immigration status (F1 visa)?

I recently received a criminal speeding citation for driving at 104 mph in 75 mph zone in Arizona. I have clean driving history without any prior citation or accident. I am an international citizen on ...
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2answers
184 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
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2answers
152 views

When an alibi is another crime

If you get accused of a crime that happened when your were committing an unrelated crime at another part of town, could you use this as an alibi without incriminating yourself? Do judicial procedures ...