Questions tagged [criminal-law]

For questions about laws related to crime.

92 questions with no upvoted or accepted answers
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150 views

What does an officer mean by custodial statement?

If (in Canada) a police officer asks you to come in to make a custodial statement does this mean you will be placed under arrest?
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113 views

If a crime victim is a member of the US military, must local law enforcement defer jurisdiction to the military?

I was watching a cop show the other day, and city police were at the scene of a one-victim crime. It was determined that the victim was a service member. The lead detective then muttered, "which means ...
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My school have monitored my emails - I sent a distasteful email. Can I get in trouble?

I live in the UK. I recently sent an email to a group of my friends (only close friends) about an incident that has happened recently at my school through the school email (which operates through ...
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1answer
88 views

Is our website responsible for users' offline actions?

On our website clients find models for their photo shootings, castings, promotional events, etc. A client transfers an escrow payment to us and when a model finishes the job we sent the money to the ...
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1answer
1k views

If proven, would collusion with Russia to interfere with election meet criteria for charge of treason?

If a President-elect was proven to have colluded with Foreign operatives to interfere with our presidential election, could he or she be charged with treason? What we know: TREASON. Whoever, ...
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Culpablility for taking an unjustified risk with the interests of others v. Criminalisation

How can a monograph focus when [3] "a defendant is culpable for taking an unjustified risk with the interests of others", but not [1] "whether risking the interests of others itself ...
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16 views

save image as a government seal or government seal flag on a computer is reproduction

Is save image as of a government seal or government seal flag on a computer is reproduction for a non commercial game?
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34 views

What does “approach” mean?

The "Florida Computer Crimes Act" defines "access" in Florida statutes Ch. 815.03(1) as follows: “Access” means to approach, instruct, communicate with, store data in, retrieve ...
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2answers
56 views

What are the exact charges Fort Worth has dropped in relation to the recent unrest in the US?

Fort Worth has dropped all charges against people arrested for "rioting" related to the George Floyd protests. This seems insane to me, which makes me think there is more to this story. ...
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29 views

Is it legal in the USA to create sexualized pornography of underage teens if only breasts are displayed?

The federal definition of child pornography and what constituted sexually explicit depictions came up as part of a previous question of mine. Judging from that answer it appears that the definition ...
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1answer
67 views

Does pleading guilty circumvent the 'corpus delicti' rule?

The corpus delicti rule states, if I understand it correctly, that there must be evidence that a crime occured (other than a confession) before anyone can be convicted of that crime. I have found ...
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57 views

Under what conditions could a police force enlist the help of a minor?

Would it be illegal for a fourteen year old to assist the police in solving a murder in New York City? What kind of red tape would the department need to navigate in order to enlist their help?
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62 views

Is it legal for me to prototype simulated gambling software in England?

I am a programmer in England, and am potentially interested in one day working to open a licensed online casino. I have several ideas about products I would like to work on, but am a bit confused as ...
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32 views

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)?

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)? 2018-12 VA lawmakers vote to eliminate driver's license suspensions over fees www.whsv.com/content/...
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52 views

Can sitting US Senators violate the Logan Act?

The Logan Act (18 USC 953) is pretty stark in its language: Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or ...
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88 views

If a police officer has taken the keys of my car away from me, who are the police allowed to return them to?

I was accused of stealing from a store from a worker so she tried to stop me from driving away. I was later arrested by the police because she claimed that I was attempting to harm her with my car. ...
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98 views

Can I legally trap someone on my property that has committed a crime?

Let's say that someone comes onto your property with the intent to commit a crime. Not only that; let's say that you suspected this person would come to commit a crime, and you created a one-way door ...
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41 views

What evidence is needed to arrest someone on a restraining order?

My ex boyfriend approached me in violation of the order. Nobody I know was around. Police said I need to file a violation with the court I obtained the order. Is this a civil or criminal matter and ...
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66 views

Is it illegal to create code that causes damage to a computer system?

I'm reading about the Computer Abuse Amendments Act of 1994 and I just read: 'it is illegal to create any type of malicious code that might cause damage to a computer system.' Can someone clarify ...
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19 views

Which of these scenarios is an abetment or inchoate offence

SCENARIO A: Seeing a crime being committed and deciding to not do anything (to avoid involvement or implicated) SCENARIO B: helping perpetrator of the crime someway somehow (like helping them abscond ...
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36 views

Why isn't drunken mistake distinguished, and divided into involuntary and voluntary?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). pp. 679-681. Herring moots "drunken mistake" beneath marked by my red stars, but he never distinguishes between involuntary and ...
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72 views

Is it legal to create and sell a tool to modify config files for games

I've recently discovered an oversight in a popular games config file system that allows you to use an item even if you haven't yet unlocked it, this is a multiplayer game where players are expected to ...
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69 views

Being a barrier to the right of another

I am in the North Western Province of Sri Lanka. It is a racially mixed country that the people of the world know. Here I run a business in a small town. Someone runs a small restaurant next to my ...
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Providing an address list app and Privacy Policy Issues

I'm building an app which provides an avenue for users to store information on people particularly addresses and country of origin. The app will be an online service where all data are stored in our ...
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29 views

Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
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211 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?
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64 views

Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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186 views

How can one fight probation revocation

A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol. During the ...
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81 views

What will I be charged with in Manhattan, New York?

I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
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67 views

Is there any country or state where the intellectual author of a homicide has twice or more the penalty than the physical author?

Discussing about what's worse, being the planner of a homicide or the actual killer, I found a proposal in a country for the planner to have twice the penalty of the killer. Is there any country or ...
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60 views

To what extent would a civil court defer to a criminal court (jury) decision?

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts? If someone was convicted of an act that was both a crime ...
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108 views

In what situations is it a crime to provide an [EDIT: Image of possibly non-existent] fake or altered US gov't ID in digital form to a company

In particular, were a company to require (perhaps unreasonably) a copy of some kind of government identification, such as a Driver's License, is it illegal to produce a fake digital image of an ...
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124 views

Can a software developer/company be held liable for illegal acts done with their software?

If a software developer(s) / company creates software that can be used for hacking purposes but has "Terms of Use" that state it can not be used for an illegal activity. Can the creator(s) be held ...
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358 views

Does a defendant in a criminal misdemeanor trial have to show up for announcement?

I noticed that for speeding tickets and class C misdemeanors in our county court in Texas, the court will many times schedule an announcement repeatedly. If a defendant shows up for the announcement ...
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1answer
77 views

Do medical staff report wounds from rubber bullets like they do for gunshot wounds?

This question comes from a curious debate I'm in the middle of. Thankfully it's a completely wound-free debate (physically speaking). But I'm not certain if a rubber bullet wound is 'real' gunshot ...
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1answer
394 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 ...
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2answers
400 views

Does NH Criminal Law RSA 627:4 II-a mean a person could legally brandish a firearm if they feel they are in imminent danger of deadly force?

Typically among most states, brandishing a firearm is not only illegal, but is frowned upon as a tactic to scare away a potentially forceful criminal since the state would deem that the person ...
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25 views

Does the product liability settlement law vary for online purchased products?

In this modern era, most of the products are online purchased. If the product is found defective or harmful, how can we file a product liability settlement claim? Does the process vary from normally ...
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30 views

Federal statute of limitations for sex crimes with a child or minor

I am studying Law and find the United States of America very interesting, with state and Federal Laws. I understand that there is sometimes a statute of limitations, and it is normally five years, ...
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58 views

Would it be illegal to Brute force to gather the information that is available publicly on a govt. website?

The results for my class were announced and released on a website. To check my result I have to enter two things My Roll Number My Application Number Now I want to see one of my friends' result, and ...
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1answer
112 views

Running from the police

If an officer pulls a car over and I get out start running, the officer ends up hurting himself, can I be charged with a felony and how much jail time if any?
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145 views

How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?

Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...

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