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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Has a verdict of 'not proven' ever had a different effect to one of 'not guilty'?
In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and not proven. In modern use there is no practical difference between not guilty and not proven: the defendant ...
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How can Not Guilty by Reason of Insanity and Guilty but Mentally Ill exist in the same legal system?
I was reading about the two types on insanity pleas, known as 'NGRI' (Not Guilty by Reason of Insanity) and 'GBMI' (Guilty But Mentally Ill).
For example, a good excerpt is here on Google Books.
...
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Arizona form to allow victim to speak to defendent
Upon an accidental argument/fight in which the husband is being told of assault for pretrial and if the wife which is the victim is wanting to talk to the husband (defendant) then the victim should ...
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Is it a typo in an official document?
I am looking at a document about a criminal case, that is published here. Knowing from the document it was created in 1992, I suppose the line saying 'Age at time of offense' is wrong saying 21, ...
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Is there any way of having sex without risking jail in the United States?
I recently read a story about a 19 years old boy sentenced to jail and to be registered as a sex offender for 25 years for having sex with a 14 year old girl who lied about her age. The girl and her ...
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CPS Breaching Court Order [closed]
CPS were directed by the Crown court to provide the reasoning why the Police did not secure CCTV evidence. The court made an order to provide this to all parties by 28 July. On 30th July CPS ...
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Why are there so many youtube to mp4 and mp3 download websites online when it is illegal?
If it is illegal to download videos and audios from youtube due to copyright reasons, why are there so many youtube to mp4 and mp3 download websites online?
For example https://freevideotomp3.com//, ...
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When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?
We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
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When a criminal statute is repealed, are those still held under it automatically freed?
How was this handled in the past when things were decriminalized, e.g. homosexuality? Is there an automatic process that guarantees freedom for those held under an abolished law, or does this have to ...
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What is the legal take on the trolley problem?
From the Wikipedia page on the trolley problem:
There is a runaway trolley barreling down the railway tracks. Ahead,
on the tracks, there are five people tied up and unable to move. The
trolley ...
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Is there any legal provision in India that bans watching obscene material in private?
So far as I understand, Sections 292, 292A, 293 and 294 of the Indian Penal Code specifically criminalize circulating obscene material, unless such material is intended as art, education.
Is there ...
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Carrying a concealed filet knife in Colorado
Webpages like Colorado Knife Law and others list Colorado law pertaining to concealed knives as such:
These knives are illegal to carry concealed:
All knives less than 3.5 inches are legal.
All ...
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Are Captcha solver farms illegal?
Let say that captcha is a picture that prevents automated programs to do a certain task. Now imagine that we have a service in which some people works to solve some captchas. These captchas are sent ...
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How to find record of conviction?
My mother was convicted of something nearly 20 years ago in the UK, but since it was not worthy of prison forgot about the details soon after. I need to know about it in order to fully disclose ...
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Are the relative levels of fines and imprisonment disproportionate?
Most non-violent crimes are punishable by fine or imprisonment. But the maximum term of imprisonment has often struck me as far out of line with the maximum fine. For example, even if I am a minimum-...
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Why are private game servers illegal?
Over on Arqade we were discussing a question which was asking about private servers for a game called World of Warcraft. The discussion was about if using and/or hosting a private server is illegal ...
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What qualifies as "violent" and "assault"?
I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272
Essentially a person is being ...
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How would Dr. Richard Kimble go about getting himself declared innocent at the end of The Fugitive?
So I just finished watching The Fugitive. At the end of the film
and takes him into custody. However, at that moment, in the eyes of the law, Kimble is guilty of murdering his wife.
How would Dr. ...
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Is it a crime to take out a loan with no intention to repay?
This question on Money.SE concerned a person who had taken out a number of loans. He didn't intend to repay these loans in full, planning instead to default and leave the country. Several posters on ...
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How exactly does civil asset forfeiture work in the United States?
Civil asset forfeiture is a concept that frequently crops up in the news, e.g. the recent Washington Post article "Drug cops took a college kid’s savings and now 13 police departments want a cut".
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When is cursing illegal in the U.S.?
For example, I've heard before that it's actually illegal to swear at a police officer (I've also heard that's true in the U.K. as well, although that's not my question).
However, what counts as "...
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Legal Identity for Conjoined Twins
Conjoined Twins are identical twins who share some physical connection. In particular, some share the same body, although both possess separate heads. As such, what are the legal ramifications for ...
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Diplomatic Immunity and Statute Law
I know an Ambassador who committed a crime and fled abroad on diplomatic immunity. Will he be able to return to his native country in the future under statute barred or statute of limitations rules? ...
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Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?
I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston.
Vast amounts of information are spewing forth from the news ...
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Does an absolute discharge result in a criminal record?
In England and Wales, a court can impose an absolute discharge if it concludes that 'it is inexpedient to inflict punishment'. The power to do this is granted by s12(1) Powers of Criminal Courts (...
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Criminal law in the Vatican State
According to the media a former ambassador from the Vatican to the Dominican Republic is being put on trial in the Vatican for being in possesion of child pornography. This makes me wonder how the ...
user301
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How do I go about having a guilty plea withdrawn in New York?
I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....
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Government legal actions - civil or criminal?
I was reading this overview of the differences between civil and criminal cases and they state
Civil cases usually involve private disputes between persons or
organizations. Criminal cases ...
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Are there any limits on the crimes a corporation can be convicted of?
In the United States, a corporation can be convicted of criminal offenses (example). Can corporations be charged with any criminal offense, or are there some that cannot apply to anything except a ...
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How do Saudi judges decide whether or not a person has become an adult and is eligible for the death penalty?
One of the provisions of the Convention on the Rights of the Child is that a person under the age of 18 - or else under the age of majority - can not be executed. Two countries - Saudi Arabia, and ...
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Legal definitions in the United States
When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? ...
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What happens if the Indonesian Constitutional Court rules in favor of an executed person?
Prior to the executions of drug smugglers in Indonesia earlier this year, Australian officials had pressed for a delay in the executions, due to a last-ditch appeal in the Constitutional Court of ...
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Does "furtherance of a crime" exception to attorney–client privilege apply if the attorney is unsure?
If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is ...
user89
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What is the difference between "murder", "manslaughter" and "homicide"?
Do "murder", "manslaughter" and "homicide" have different legal definitions? Or are they just terms referring to the same act used in different jurisdictions?
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Marital Rape as Defined by Indian Law
According to 1860 Indian Penal Code:
"Sexual intercourse by a man with his own wife is not rape."
What are the possible exceptions to this law that would allow for a husband to be prosecuted for ...
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What methods exist to provide relief in criminal cases where the state refuses to prosecute?
In this question it was shown that it is not possible to bypass the States Attorney before the grand jury. But what relief exists in cases where Prosecutorial Discretion might be used to protect ...
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Is there any way to bring a criminal case before the grand jury without the support of the Prosecuting Attorney?
Is there any way to present a case to the grand jury if the prosecuting attorney is unwilling to do so?
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Does killing witnesses before trial suppress them?
If a witness is killed, or dies, before formally testifying at a criminal trial in what manner, if any, can his relevant statements be admitted or used against a defendant?
For example, if sworn ...
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Are there any kinds of laws that prohibit personally harmful speech?
In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the "right to a ...
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