Questions tagged [criminal-law]

For questions about laws related to crime.

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4
votes
1answer
133 views

What recourse do I have against a person falsely claiming to reside at my home?

A relative who has never lived at our house is in the habit of falsely using our home address as their place of residence whenever disclosing their place of residence for legal purposes, rather than ...
4
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1answer
105 views

At what point could courts in England no longer legally create new Common Law offenses?

Common Law offenses, of course, were crimes created solely through case law rather than statute. At what point was the legal authority of courts in England to create new Common Law offenses abolished?...
3
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2answers
263 views

Is the statement “I/we am/are pressing charges” incorrect?

In the media and in everyday life it is common to hear things like: "Are you going to press charges?" "Did Bob Press charges?" "I am going to press charges against that jerk" Or something along ...
0
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1answer
109 views

Meaning of “natural life” against “life”

If a law states: the offender shall be imprisoned for the remainder of his natural life and shall be ineligible for consideration for parole, probation or suspension of sentence. instead of a ...
2
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3answers
386 views

Is it really a traffic stop? Was I operating the vehicle?

I was at a gas station parking lot. The vehicle is registered under my name. My license plate is revoked in the state of Kansas for 3 years. The tags were not able to be seen due to mud covering the ...
2
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1answer
263 views

Can the deliberate withholding of sex constitute coercive and controlling behaviour under English & Welsh law?

First I should clarify that this question is (fortunately) entirely hypothetical and academic, so please don't worry about me (I'm fine). I am trying to figure out a seeming conflict in the broad ...
0
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1answer
171 views

US, legal producing pornography, illegal prostitution [duplicate]

If prostitution is illegal in the US, but production of pornography legal, couldn't johns/punters just offer prostitutes money for filming a pornographic movie instead of money in exchange of sex?
2
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1answer
160 views

Must shoppers show receipts if they don't want to?

Scenario Alice, a manager at Big Mart, observes Bob leaving Big Mart with three large flat panel plasma screen television sets. Alice asks Bob to produce his receipt. Bob refuses. Alice calls a ...
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1answer
71 views

What is the amateur FM broadcasting legal limit?

Some stereos can receive a signal just outside the commercial band at either end of 88 and 108. I legally can buy everything I need on eBay to transmit my own personal radio station. What legal ...
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0answers
96 views

Strict Construction vs. Liberal Construction

What is the difference of meaning of the term "including but, not limited to" in the strict vs the liberal interpretation of the term?
0
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1answer
63 views

Would a parent leaving their child at safe haven to avoid paying child support be guilty of a crime?

Let me start by saying this is a purely hypothetical question asked only out of curiosity, I have no unwanted children nor am I horrible enough person to do this if I did. Still lets say ...
0
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1answer
103 views

Marshae Jones' case: Manslaughter when shot, would it make a difference when baby was born?

This is very specific to the reported case of Marshae Jones, from what I learned in the article from The Guardian: Alabama: pregnant woman shot in stomach is charged in fetus's death The given ...
1
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2answers
81 views

Clery Act--Does it include reports of crime that occur off-campus to university members?

The Clery act states that universities in the US are required to collect (F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property ...
0
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1answer
159 views

What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?

According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
-3
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1answer
108 views

How can nicotine be legal for a pregnant lady? [closed]

If a Lady is tested positive for THC it is illegal and depending on location one can be arrested and the baby taken, but if they smoke cigarettes to cause the unborn baby to die there is no penalty? ...
1
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1answer
204 views

What would someone be charged with if they did this as the patient before surgery?

In 2000 I had surgery. I had three wisdom teeth out in hospital. Two weeks before it I saw the surgeon. He handed me a form to fill out. It had about 50 checkboxes. Did I have AIDS, hepatitis or ...
2
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2answers
338 views

How can I report Fake News with deceptive misleading statements?

Jessica Nabongo is an "influencer" on the popular social media apps instagram, twitter, and Facebook. She marketed herself as attempting to be the first black woman to visit every country. Her "...
1
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1answer
51 views

Arrest records. Case never filed

If I got arrested 2 years ago but the case was never picked up and never got the chance to see the judge because the state didnt press charges and the person never pressed charges will it still show ...
0
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0answers
194 views

Is it legal to wear human skin?

Can human skin or parts that is legally obtained be worn as jewelery or clothing in public? What about having a dehydrated body in your bar?
2
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0answers
31 views

Triple Talaq Bill introduced in Indian Parliament

From an article in a leading newspaper: Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it conflated civil and criminal laws. How ...
1
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3answers
138 views

Right Turn on Red with No Sign Visible [closed]

I made a right turn on red onto a major drive in Atlanta, GA. The police officer who pulled me over wrote the wrong intersection on the ticket which did have a 'no right turn on red sign, however, ...
2
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1answer
32 views

Filing a Federal Criminal (not Civil) Complaint

I want to file a Federal criminal (not civil) complaint in California under... Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 Frauds and swindles - https://www.law....
2
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1answer
100 views

Right to court-appointed attorney for driver license suspension?

Do I have the right to a court appointed attorney if I can not afford an attorney and I am not facing jail time even though I am facing suspension of licence and points against them.
0
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1answer
113 views

California Penal Code, Section 800 Statute of Limitations

California Penal Code Section 800 states "Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment ...
0
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1answer
134 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. ...
0
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2answers
173 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 ...
0
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3answers
127 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 ...
0
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4answers
123 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 ...
-3
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1answer
78 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 ...
1
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2answers
76 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 ...
2
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2answers
338 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 ...
1
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2answers
98 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
202 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
351 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. ...
3
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2answers
214 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 ...
0
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1answer
45 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 ...
-3
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1answer
110 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 ...
1
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3answers
134 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 ...
6
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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 ...
3
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3answers
201 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 ...
23
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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 ...
8
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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 ...
-1
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2answers
681 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 ...
2
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2answers
366 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 ...
2
votes
1answer
285 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
votes
1answer
180 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 ...
9
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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 ...
2
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1answer
109 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 ...
2
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2answers
3k 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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