122

Assuming U.S. Jurisdiction: In the case of The People vs. Hansel and Gretel Holzfaller: Ms. Gretel Holzfaller is charged with the following: 1 Count of Murder in the First Degree (Murder of Ms. Witch Hazel) 1 Count of Grand Larceny (Theft of precious metals and jewels from Ms. Hazel) 1 Count Petty Theft (Theft of Candy) 1 Count of Vandalism (Bite marks ...


74

Your question is the subject of longstanding and ongoing debate that has generated countless articles and books and dissertations, so you're probably not going to get a fully satisfactory answer here. But here's the short version: Different systems operate on different assumptions. Your question suggests you are not a retributivist, i.e., someone who view ...


73

Through the legal doctrine of "transferred intent", wherein if one intends to murder A, and undertake actions to kill A, but one's actions kill B, one has murdered B. Whatever crimes one would have committed, had one performed them on one's intended target, are considered committed against the individual one actually performed them on. Many crimes ...


59

Although abortion is legal in the US, not everyone is allowed to perform an abortion. In Washington, the law allows a physician to terminate a pregnancy, and recognizes a woman's right to choose to have an abortion. An abortion performed by anyone else is not legal, and performing an illegal abortion is a class C felony. There are "plan B" pills which are ...


47

Setting aside kidnapping, child-endangerment, etc., there are a host of laws requiring the bus and the driver to have special licenses (ie, a commercial drivers license), inspections (including a physical and regular drug tests), training, insurance and so on. Breaking any of these laws is a crime. In most states, these crimes are treated as misdemeanors or ...


45

In theory, such an action could be considered a violation of the Computer Fraud and Abuse Act, specifically 18 USC 1030 (a)(2)(C): Whoever...intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any protected computer; Where the relevant "protected computer" definition is in the same ...


45

You may legally ask someone to shoot you, or do all sorts of other things to you. There are no laws against asking or various kinds of speech: laws restrict the doing. If you ask a person to shoot you and they do it, that person will probably be arrested for assault (or murder, depending on how it works out) – shooting a person is assault. A possible defense ...


45

The clause you highlighted has an "or" in front of it: "..., or in such pretended character...". It's only one alternative. Demanding or obtaining money, etc, is sufficient to violate the statute but not necessary. Looking at the previous clause, it is still a violation if the pretender merely "acts as such", which I suppose ...


44

If the act itself is illegal, I think request itself could be illegal under incitement laws. For example in Montana: 45-8-105. Criminal incitement. (1) "Criminal incitement" means the advocacy of crime, malicious damage or injury to property, or violence. (2) A person commits the offense of criminal incitement if the person purposely or ...


39

You don't specify a jurisdiction but taking the US as an example, yes you could be charged with 2nd Degree Murder - you intended to harm them but not specifically to kill them: A second situation that constitutes second-degree murder is where the perpetrator intends only to cause serious bodily harm but knows that death could result from the act. For ...


38

It was decided back in 1905 in the case of Jacobson v Massachusetts, 197 U.S. 11, that mandatory vaccination laws are constitutional in the US (the specific example being mandatory smallpox vaccination - through vaccination, this illness was eradicated globally). The court observed that in every well ordered society charged with the duty of conserving the ...


36

You cannot pass on better title than you have The fraudster (B) in this scenario does not have good title in the car and so the thief (C) doesn't either: 1) because they are a thief and 2) because the person they stole it from didn't own it. If C had paid B for the car then C would still not own it because while they are no longer a thief, B still doesn't ...


34

Yes. See Florida Man's Version of Dine and Dash Involving A Pizza Delivery James Chandler was arrested after allegedly ordering a pizza and cinnamon sticks and partially eating them without paying. The basis for arrest was defrauding an innkeeper. Any person who obtains food, lodging, or other accommodations having a value of less than $1,000 at any ...


34

Everyone goes free. Each individual in the room is considered innocent until proven guilty. If the prosecution cannot prove that Bob was guilty of the murder then Bob is considered innocent. The same goes for each of the other 19. However if all 20 people were part of some other crime which led to the death of Jake then they might be found guilty under ...


34

To add a perspective from a different legal system: In Germany, this would fall under the notion of Eventualvorsatz (loosely translated, "recklessness"). Basically, whenever the criminal code requires intent ("Vorsatz" in German), a total lack of consideration for the consequences of an action can be counted as being equivalent to intent. ...


28

No, abuse of power is not necessarily criminal Imagine a judge that is “heightist” - they always rule in favor of defendants who are taller than 175cm and always rule against those who are shorter irrespective of the merits of the case. This is clearly an abuse of power. It’s not illegal because “height” is not a category protected from discrimination (...


26

The police don't need to determine who specifically killed Jake, only who participated in the crime. If Bob and his six friends work together to kill Jake, then all seven of them are guilty of murder, even it was only Bob who actually killed Jake. For example, if two of Bob's friends hold Jake so he can't move, and the other four of Bob's friends distract ...


25

This answer is very dependent on local and state jurisdiction, as well as the fact that the person who ordered the pizza(s) did not eat them, only declined to pay when delivered. Edited 10/29/19 The monetary limit for a crime that can result in arrest is likely $100+ (there will be a minimum monetary amount that results in arrest, and depending on ...


23

In Washington, it would be unlawful imprisonment but not kidnapping. To kidnap, one must abduct, which means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force That is not the case in this scenario. "Restrain" means to restrict a ...


23

In Germany, the situation is somewhat unique because (following a compromise reached in 1976 and a revision in 1995) abortion is illegal but the "offence is not considered fulfilled" if done by a physician within the first 12 weeks of the pregnancy on the request of the pregnant woman who has received counseling The case in question here violates most of ...


20

You may get more effective murderers that way I would frame the question from the perspective from the criminal. If they know they will be punished equally from attempted murder from actual murder, they will try harder to get the results they want. More if is this common knowledge. By rewarding incompetence, you may end with a incompetent murder instead of a ...


18

As IllusiveBrian pointed out, this would only be a criminal matter by really stretching the definition of computer fraud and abuse to its limits. But it might also be worth looking at the situation as a civil lawsuit. The user who accepted the terms of service and then violates them by creating a new account despite being forbidden from doing so according ...


18

The point is that an act need not be a crime for which the actor could be convicted in criminal court for it to qualify as an impeachable "high crime or misdemeanor." So, abuse of power isn't necessarily criminal of itself, but even a specific abuse of power that is not criminal may be impeachable, Alan Dershowitz's arguments to the contrary notwithstanding....


18

In Germany children below the age of 14 like Hänsel and Gretel cannot be punished for any crime. The prosecution should bring the entire situation to the attention of the family courts, which might opt for congregate care. This would be for their welfare, not as a criminal punishment. If they were minors above the age of 14 or adults, they could try to ...


18

The exact charge depends on the jurisdiction. In Wisconsin, this would not be first-degree or second-degree intentional homicide, both of which include the language: Whoever causes the death of another human being with intent to kill that person or another... Since there was no intent to kill, this would not apply. (Whether the prosecutor believes that ...


18

ICE has a degree of authority to deport without court hearing, via an expedited process. The legal framework for such deportations are explained here, and rely on 8 USC 1225. The Secretary of DHS has authority to establish rules, and has recently done so here. The current regulations pertaining to expedited removal are at 8 CFR 253.3. There is no exemption ...


17

Yes. In its 1904 term, the Supreme Court upheld the constitutionality of a Massachusetts law requiring small pox vaccinations in Jacobson v. Massachusetts. The Court held that the law did not violate the 14th Amendment by depriving Jacobson of his "liberty" without "due process of law." In upholding compulsory vaccination, the Court used ...


15

In the UK, the key here would be the presence of evidence to back up Gretel's claim of self-defence mitigation, in the sense that she was motivated by the need to prevent a serious crime from occurring against her and her brother. In the story, we learn that the Witch was planning to kill her brother “Get up, lazy bones; fetch water, and cook something nice ...


14

This could fall under the Felony Murder Rule which is a specific type of "transfer of intent" where if someone dies while you are committing (or even aiding in!) a felony you can be guilty of first-degree murder. Some restrictions apply, which depend on jurisdiction, but generally "terrorism" is going to get you every time in the US, and ...


13

No, abuse of power is not necessarily criminal because abuse of power is a moral construct and something being criminal is a legalistic one. And that the law and morals are only loosely related to each other has been shown time and time again. However, a lot of specific types of "abuse of power" have been made illegal due to the fact that ideally law is ...


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