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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What is the threshold of disruption caused necessary to establish an aggravated trespass?
Section 68 Criminal Justice and Public Order Act 1994 creates the offence of aggravated trespass turning the act into a crime from a mere civil tort.
But the line seems rather fuzzy. So which ...
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Can a judge or prosecutor be compelled to testify in a criminal trial in which they officiated?
Without considering why a party in a criminal trial might want to do so, are there any obstacles to subpoenaing and examining any of the following people as witnesses during the trial? ETA: Not as ...
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Ex bank account [closed]
My boyfriend at the time wanted me to go to town and get some money from his account. We live an hour from town so he gave me his card like always before. I had this check from a ad company that was ...
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Gaslighting ; criminal or civil
Gaslighting can be extremely damaging. Like Gang-Stalking, it is near impossible to prove it executed correctly.
How can gaslighting be prosecuted as a crime?
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Why don't victims often sue perpetrators / suspects? [closed]
Famously, although O.J. Simpson was acquitted of the murders of Nicole Brown and Ron Goldman, he was later sued by their families and found to be liable for the deaths in a civil court. The difference ...
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Secret Service Protection for Former U.S. Presidents During Incarceration
Under the provisions of the Former Presidents Act (FPA), is there any legal precedent or relevant existing laws that address the issue of Secret Service protection for a former U.S. president during a ...
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Legal definition of a "child" in the United States
I notice that in several criminal cases women who are clearly post-pubescent teenagers are being legally characterized as "children", so I am wondering about the terminology here. For ...
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Is it illegal for an American to go to North Korea?
Is it illegal for US citizens to travel to North Korea?
It may currently be impossible and probably a very bad idea, but is it actually illegal?
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Where in U.S. law is it officially argued that the U.S. criminal justice system presumes defendants commit crimes with free will?
I've been studying the relation between free will and the U.S. criminal justice system, and it appears that there is the argument that whether or not a defendant had free will to commit a crime is a ...
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How many witnesses’ testimony constitutes or transcends reasonable doubt?
Alice punches Bob. Or stabs him. Either way it was from behind and he did not see who did it before going unconscious, but the entire thing was witnessed by Charles. However there was no other ...
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Is there such a thing as 'attempted copyright infringement' in the UK?
I've recently read an article about a proposed bill that would criminalise attempted copyright infringement in the US. link - https://www.wired.com/2007/05/ippa07/
I was wondering if the UK had any ...
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Is an unauthorised appropriation with simultaneous deposit of another value a theft? 🍫
Today I tried to explain to my daughter what the saying "opportunity makes the thief" means.
My example: Someone forgets his expensive chocolate 20 euros on a table in the park. You see the ...
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Can prosecutors delay an indictment to hinder the defense?
Suppose a crime were committed with a very long (or no) statute of limitations, like murder.
The prosecutor has enough physical evidence to charge someone with the crime. However, they know that this ...
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Is religious confession legally privileged?
I'm referring to Catholic confession to a priest. I'm sure, like attorney-client privilege, that if you disclose a future crime you are planning to commit then they can and will tell the police. I'm ...
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Can the Secret Service arrest someone who uses an illegal drug inside of the White House?
In light of the recent discovery of cocaine inside the West Wing of the White House, I am wondering if a person who either lives in, or works in, or makes a visit to the White House, is caught using ...
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Have people been charged for obstructing evacuation?
When evacuating a vehicle or a building in distress, the evacuees are normally supposed to leave their belongings behind. This doesn't always happen.
Technically, if actual harm comes to others ...
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Why is the Crown Court called the Crown Court?
The Crown Court in England handles the graver charges known as indictments. Less severe criminal proceedings are heard in magistrates' court. Why is the Crown Court named Crown Court? Does it have ...
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Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?
In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial?
Given ...
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To what extent will Artificial Intelligence affect criminal court proceedings with respect to digital evidence? [duplicate]
These days (2023) AI can produce convincing images and even videos that realistically portray people saying or doing things that they did not actually do. Currently we can employ experts to detect ...
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Security clearance of police officers
My question is inspired by this one, but it’s not the same.
It is my understanding that the federal law-enforcement officers who seized the boxes of documents held by “45” expected to find some papers ...
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Legal consequences of an accidental Google search
I am someone who frequents several imageboards. As often happens, because there's complete anonymity, people often say the most insane, outrageous and vile stuff imaginable. Against my better ...
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Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?
In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President ...
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When flatmates get an AVO against each other, who has to move out?
If one flatmate trespasses in another’s room after an extended period of hostile verbal and nonverbal communication, can the flatmate who was trespassed against get an AVO? If so, who has to move out?
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Can the victim drop charges?
In this example, pretend Alex stabs Bob using cutlery (a knife) at a restaurant, who subsequently presses charges as it was an unprovoked attack.
Bob later decides to drop the charge, he has survived ...
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How to get official confirmation if anyone has filled a police complaint against me or not
My wife has alleged that she made a police complaint against me in Germany for a false domestic violence case. Is there a way to find out if any complaint has truly been filed against me or not if I ...
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How can a lawyer represent a guilty client? [duplicate]
This is specifically referring to the circumstance where a lawyer knows for a fact that their client is guilty through whatever means, and the client is pleading not guilty.
So I have often heard that ...
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What powers do the police have to stop a car in Oklahoma?
Can a police officer in Oklahoma pull you over because they think your ID is suspended, despite not committing any traffic violations? Also is it lawful for the officer to write a police report before ...
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Can you aid and abet a crime against yourself?
Bob tells Bill, "I want to shoot someone, but I don't have a gun." Bill gives Bob a gun. Bob then shoots Bill. (Assume that Bill survives, both are legally allowed to possess the gun, the ...
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In which jurisdictions is publishing false statements a codified crime?
Whereas publishing false statements can often be a civil wrong (e.g. libel/defamation), I am seeking examples of where it has been criminalised and codified.
Limitations:
Reasonably genuinely ...
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Is it bigamy to marry someone to whom you are already married?
The goal is to obtain legal proof of marriage with the least amount of effort, such as travelling overseas and hiring translators and notaries. This is not a "renew vows" situation.
Answers ...
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Is not disclosing your address a reason alone to be remanded into prison? [closed]
What do you do if your duty solicitor recommended you to self represent but the judge / court basically ignores the testimony and continue to abuse, exploit and invert language and its meaning/origin ...
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Can I tempt the police into using a password that would destroy evidence without being guilty of destruction of evidence? [duplicate]
Purely hypothetical situation here, not at all related to my need to hide my plans for world domination on my laptop...honest!! Lets say I have incriminating evidence saved electronically somewhere. ...
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Is there a place where adultery is a crime?
Most countries I know of have regulations on marriage or partnership and there's a registration office for a change in marital status. But as far as I can tell, that's purely a civil matter. Getting ...
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Onlyfans account leaked to my family [duplicate]
I have an OnlyFans account which for obvious reasons I kept secret from everyone. But somehow someone has leaked its content (perhaps a friend or an ex-partner who wanted to take a revenge on me). He/...
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Still be questioned without a solicitor?
In the United Kingdom, England and Wales jurisdiction, when someone is arrested they are read a caution.
If at that moment, the person declines to give a statement, and then asks for a solicitor, can ...
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Is lying in an application for a job at a private company, signed under penalty of perjury, prosecutable as perjury?
A person applies for a job at the XYZ company. The XYZ company is a private company. As part of applying he fills out an application and signs it under penalty of perjury. The application has several ...
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Could the act of emailing publicly available information be deemed illegal?
Andy and Mary are friends. Andy discovers that Mary is secretly working as an escort. Nobody knows about this activity beyond Andy. He tries to convince her that escorting is harmful and will have a ...
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Can you double press charges on a person?
Okay, let's just use Person A and B for the question.
Person A gets harassed by Person B. Then Person B takes all Person A's belongings and money, and he dumps it. Then Person A goes crazy red angry, ...
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Can you keep money from an unknown source?
I have recently rewatched Breaking Bad, and something that happened in the last season had me wondering. Jessie tries to give $2.5M each to Mike's granddaughter and the family of the boy that was ...
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Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? [closed]
Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, ...
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is mistake of fact a defence in various laws relating to protected classes?
If a law for example criminalises intimidating or assaulting someone who suffers from dwarfism , if the person doesn't know that the person is suffering from dwarfism or what dwarfism is but makes fun ...
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If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?
Say Mark is charged with A (let's say Murder), but the charges don't stick because e.g. he didn't do it on purpose. Can Mark then charged as a follow-up for B (e.g. involuntary manslaughter)? Or does ...
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Would keeping someone at home under fear of violence be abduction under Indian Penal Code section 364A?
IPC 364A states
Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives ...
user49663
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Liable of sexual abuse in civil case and no prison time?
It was reported a few minutes ago that Trump Is Found Liable for Sexual Abuse in Civil Case, but "Its findings are civil, not criminal, meaning Mr. Trump has not been convicted of any crime and ...
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is it possible to override a provision regarding whether state or national law applies to a crime?
if a law has the following provisions
Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained ...
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What lawyer specialization needed to deal with obnoxious neighbors
I am the lucky one that is blessed with 2 obnoxious neighbors on either side of me. They are causing me all sort of issues. From property line wars to out right verbal harassments on a weekly/monthly ...
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idea behind the concept of alibi; people are innocent until proven guilty
What is the idea behind the concept of alibi in a legal system in which people are innocent until proven guilty?
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Can courts absolutely not grant bail or reduce sentences under the NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) states the following
No suspension, remission or commutation in any sentence awarded under this Act.—Notwithstanding anything ...
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Are there laws in India against child violence outside schools?
For example there are many beggar children who are physically hurt by people like shop owners and the like to leave the premises etc. Is this punishable by any law?
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Giving somebody medicine against their will
Consider the case where an adult son is caring for his parent with dementia. The parent is considered legally competent and has been prescribed certain drugs by the parent's doctor.
The patient takes ...
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