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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Trump's voting rights

If I recall correctly the State of Flordia restricts a person's right to vote if convicted of certain crimes. If Donald Trump is found guilty in any of his criminal cases could he potentially no ...
Connor Lonergan's user avatar
2 votes
0 answers
83 views

Can a land possessor distrain a trespasser's property?

A has entered B's land for lawful purposes. B commands A to leave, but B parks his ATV behind A's vehicle, obstructing its only avenue of backing out to drive away (there are three other cars parked ...
JD Montgomery's user avatar
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2 answers
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Michael Stevens on Vsauce, Laws and Causes, used a fake penny from 2027 as a demonstrative. Is it actually illegal to do that?

https://youtu.be/_WHRWLnVm_M?si=4pNg4KZgTYwbsjlE He didn't spend the penny, he just presented it before the camera. He asked if it is in fact counterfeit money if the original it is copying does not ...
R-Obsessive's user avatar
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Arrested in Georgia for a DUI with an out of state drivers license

It is my understanding that if you are arrested for a DUI in Georgia and you have a Georgia driver's license you have to attend a ALS hearing or having your driver's license suspended. Am I right ...
Paul59's user avatar
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1 answer
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Items that a thief wasn't expecting --- does it count as theft of that item?

In New Jersey, according to the Defense Against Porch Pirates Act (https://pub.njleg.gov/bills/2020/A4000/3870_I1.HTM), if someone steals a package that includes certain things (such as research ...
babu_babu's user avatar
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4 votes
2 answers
860 views

What are the similarities and differences between civil settlements and criminal plea deals?

Except for the type of cases in which they are used, settlements and plea deals seem quite similar. In both cases, the two parties reach an agreement, and they avoid the cost and inconvenience of a ...
Someone's user avatar
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3 votes
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When would defence agree to an agreed statement of facts?

Another answer on this site uses an "agreed statement of facts" as a device to focus the answer on the law. It includes several facts that go towards establishing the actus reus and mens rea ...
Jen's user avatar
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7 votes
2 answers
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“Innocent until proven guilty” literally?

Some years ago, a police officer named Derek Chauvin was found guilty of 2nd degree murder of George Floyd. He received a sentence of about 20 years. At the time it was reported that had he been a ...
gnasher729's user avatar
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18 votes
1 answer
5k views

USA - can police be criminally charged with false imprisonment for a retaliatory arrest?

For example, say a police officer arrests someone for giving them the finger. As I understand it this action is protected under the first amendment. Can any criminal charges be brought against an ...
Ameet Sharma's user avatar
16 votes
5 answers
9k views

Is it legal to take an attacker's illegal gun?

Suppose that Bob, with no justification, draws a gun¹ and aims it at Bill. This gun is illegal to possess in their jurisdiction. Bill, who was unarmed initially, manages to overpower Bob and take the ...
Someone's user avatar
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Arrested for unauthorized use of vehicle

I worked at a car dealership, and borrowed a car without the companies permission, the company filed a police report the car was stolen, I get arrested and charged with unauthorized use. Today the car ...
Dr Strange's user avatar
1 vote
2 answers
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Would destroying rupees be an international offense?

In the Bill No. 174 of 2023 - "THE BHARATIYA NAGARIK SURAKSHA (SECOND) SANHITA, 2023", it is stated that: "Mischief causing loss or damage to any property or fine, or both, including ...
Jausk's user avatar
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1 answer
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Thought experiment: What are some different ways to get the FBI to act or obtain a search warrant on a residence?

Hypothetically, across state lines, say I, discover that someone in another state is engaging in conspiracy to murder myself and someone else around me, across state lines. A thought experiment, and ...
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Is it legal to keep a package that was accidentally addressed to you?

When I try to research this question, all the scenarios people suggest are significantly different to my own. This is not one of those cases where a company tries to run a scam by sending someone ...
Apreche's user avatar
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Is it legal to use a downloaded copy of a sports broadcast for development purposes?

Alice downloads a copy of a college sports game from the internet. She does not have explicit permission from the owner of the broadcast. Alice sends the downloaded video to Bob. Bob uses the ...
Evorlor's user avatar
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1 answer
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Napping in my car [closed]

Is it legal to seize my car after the police check on me for napping in a legal parking spot sobriety tested me I passed they then said they saw a pipe with is untrue
Ashley Hooper's user avatar
4 votes
1 answer
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What status does the phrase “beyond a reasonable doubt” have in English/British criminal jurisprudence?

In a recent comment it is claimed that the phrase isn’t employed anywhere within British law, yet it is commonly thought to, and I’ve also always thought that it was. What gives rise to this ...
TylerDurden's user avatar
1 vote
1 answer
78 views

Can the criminal records of a person who has died be expunged?

Suppose that someone was murdered in Arizona, but resided in California. Prior to their death, this person had been convicted of misdemeanors and felonies. Can the executor of this deceased person's ...
Vanessa Marrufo's user avatar
-3 votes
3 answers
209 views

Judge being Guilty

Assume there is a criminal trial, where somehow defence proves the judge to being a criminal. In this scenario, does the judge leaves the bench and his authority over the case is removed? Based on ...
Aitzaz Imtiaz's user avatar
1 vote
3 answers
146 views

What date does probation begin for a judgment in a criminal case that has two different dates around the signature?

What date would probation begin for a criminal judgment that has two different dates in the area of the signature? For example, take this judgment in a Criminal Case from the Southern district of New ...
justiceorjustus's user avatar
0 votes
1 answer
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What are the consequences for a family fight in the US?

If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind ...
HelloDarkWorld's user avatar
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1 answer
106 views

Does the protection of Legal Privilege apply to encrypted documents?

My understanding, based upon Common Law in England & Wales, is once something is sent to a solicitor, it is subject to Legal Privilege. If the solicitor is unable to open an emailed document, say ...
user5623335's user avatar
-5 votes
2 answers
230 views

How does the presumption of innocence apply to investigative interest by police?

Does the presumption of innocence apply at the investigatory phase of a criminal inquiry? For instance if a crime victim presents the police with substantial circumstantial evidence pointing it a ...
TylerDurden's user avatar
-1 votes
2 answers
159 views

Should a prosecutor who is personally interested in a case recuse themselves from it?

If so, by what rule(s) or principle(s) is this the case? Obviously judges are required to be impartial and expected to otherwise recuse themselves. But does the same hold true of prosecutors?
TylerDurden's user avatar
1 vote
2 answers
91 views

Can a person be put on probation without being convicted of a crime?

Can a person be put on probation without being convicted of any kind of crime? While in court for the accusation of a crime.
Elmoskitz69 's user avatar
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2 answers
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how do public vpn service providers avoid being liable for illegal activity of their customers

There are tons of VPN service providers that allow VPN connections for some little amount like 5-15$ per month. Imagine a malicious person using some of these services to hide his cyber-criminal ...
los vatos locos's user avatar
-4 votes
2 answers
157 views

Is it legal in England to publicly proclaim that oneself “hate[s] the Jews”?

Most likely if anything this could be a public order offence (one would think none other than under section 5), but I recently heard someone warned by police that they could be arrested for saying ...
TylerDurden's user avatar
0 votes
1 answer
87 views

Is the service provider legally responsible if user's are violating copyright laws? [closed]

I have an educational app & service that generates quizzes that tests the user on any topic. I want to expand it so the topic can be any video input. I have many questions about legality of ...
Buretto's user avatar
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1 answer
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Microsoft's Bing Chat says 'Ask me anything...'. Is it legal then for Americans to ask Bing Chat for classified information?

Microsoft's Bing Chat is an artificial intelligence web application, and it has a dialog box for users to ask it questions and there is a text message displayed in that dialog box that says, "Ask ...
user57467's user avatar
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-4 votes
1 answer
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I am looking for mutual exclusivity examples in law [closed]

This is where, A is legal, B is legal, but they're not both legal, at the same time. Can there be examples in criminal law, across jurisdictions? I can only think of 2 examples in civil law, but only ...
Neal Conroy's user avatar
-4 votes
1 answer
124 views

Did Alice commit a crime in bending over and spreading her butt cheeks after suggestively propositioning anal sex to Bob?

Bob rides up to the front of a bar where there is a heater lamp on his moped to quickly check some things on his phone on a night out in soho, where a couple of young women happen to be standing. One ...
TylerDurden's user avatar
6 votes
2 answers
2k views

Was being left in the Pacific in a lifeboat considered attempted murder in 1872?

It's 1872 and Mr. Fogg is having his journey around the world, and let's take the TV series adaption of 2021 as the basis. The situation at hand in Episode 6 is as follows: Taking a Steamship Carnatic ...
Trish's user avatar
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1 vote
2 answers
208 views

Is it illegal to act against the parents' wishes when taking care of a minor?

When taking care of a minor with permission of the parents, what is the legal force of any rules the parents set? For example, if I look after someone's child, and they tell me the child may not ...
sleske's user avatar
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0 votes
1 answer
132 views

Is it a crime to remove someone's mask?

During a protest or just on the street in a one off incident (not necessarily a crime), if someone is wearing a mask to hide their identity, and someone else (both citizens, not police etc) reaches ...
Rabbi Kaii's user avatar
0 votes
0 answers
39 views

What’s the difference between a mild, non-physical assault, and s4 POA or Affray?

(POA refers to the Public Order Act 1986.) According to the sentencing council, Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It ...
TylerDurden's user avatar
16 votes
4 answers
5k views

Can a person plead guilty without being charged?

If a person has committed a crime punishable by a fine and was not caught, but wants to pay the fine for moral reasons, is it possible to plead guilty and pay the fine without being charged with a ...
Someone's user avatar
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-5 votes
1 answer
109 views

Is a crime committed by using a made bed in an unused bedroom?

Bob once noticed that a particular door’s remote entry system was misconfigured (thus not properly locking the door upon it being closed) at an inpatient facility and that upon entering, there is a ...
TylerDurden's user avatar
1 vote
1 answer
144 views

Can a government commit a crime?

Can a state government be convicted for a federal crime, or can the federal government be convicted for a state crime? The latter situation could happen despite the supremacy of federal law over state ...
Someone's user avatar
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0 votes
1 answer
172 views

What does it mean to be unlawfully at large?

S3 criminal law act 1967 makes reference to circumstances in which someone is “unlawfully at large.” What specifically does this mean?
TylerDurden's user avatar
2 votes
2 answers
159 views

If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?

Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
TylerDurden's user avatar
7 votes
2 answers
2k views

On Trial ; do you need to be there?

Please consider the following hypothetical situation: A person has been indicted for a criminal violation of the law. He has made bail and is not in custody. He claims he/she is innocent and he does ...
Bob's user avatar
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8 votes
2 answers
6k views

Death By 1000 Paper Cuts

If a person dies from 1000 paper cuts received from 1000 different people (none of whom intended to kill the victim - it is only a paper cut) and all the cutters are later caught, will each cutter be ...
gcor's user avatar
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0 votes
1 answer
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Can guest authorship in academia be illegal?

This question concerns the following situation commonly arising in academic research. Research is carried out in a lab which is funded by a grant. A grant comes from taxpayer money paid by a ...
Kostya_I's user avatar
  • 248
13 votes
1 answer
4k views

Legal Rule that computers are presumed to be operating correctly

I was reading the following academic paper. At the very beginning, it mentions that under the Law in England & Wales, a computer is presumed to be operating correctly. This is the line I am ...
user5623335's user avatar
2 votes
2 answers
138 views

Is reasonable doubt that of >=9.1% probability? [duplicate]

The criminal burden of proof (ie beyondA reasonable doubt) is famously attributed to “Blackstone’s Ratio”: It is better that ten guilty persons escape than that one innocent suffer. I’m not sure if ...
TylerDurden's user avatar
4 votes
1 answer
567 views

Is TfL a public body as under s17(6)(d) POA1985?

Section 17(6)(d) Prosecution of Offences Act 1985 lays out certain criteria which render an organisation subject to the prosecution rules for a public body: d)any other authority or body whose ...
TylerDurden's user avatar
-1 votes
1 answer
106 views

Is drunk driving a malum prohibitum or malum in se?

In common-law jurisdictions where driving a motor vehicle under the influence of alcohol is illegal (presumably all of them?), is drunk driving considered malum prohibitum or malum in se? I am aware ...
Someone's user avatar
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0 votes
2 answers
149 views

What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?

Some offences may be prosecuted by, in addition to the CPS, other public bodies, like local authorities or transportation authorities. Even while these are public and not private bodies, would one ...
TylerDurden's user avatar
0 votes
1 answer
57 views

How may one go about finding a definite reference to one or more examples of specific criminal cases that were prosecuted by or on behalf of TfL?

According to TfL’s official prosecutions policy, it seems as though they may do some of the prosecutions themselves. How could one go about finding examples of such cases that have been prosecuted in ...
TylerDurden's user avatar
1 vote
1 answer
72 views

Where can I read detailed sequence of events in court cases?

I am a graduate student but not a lawyer, so I have access to databases that might be needed for this through the university library website. I am looking for fun reading, mostly. I was once told that ...
Frank Booth's user avatar

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