New answers tagged criminal-law
1
Arguably, between the two options presented, the actus reus needs be an omission of breaking or swerving, simply because merely taking one's one foot off the accelerator would have D rolling and hitting anything in a straight line for probably thousands of feet (Rolling friction alone on tires specifically designed to reduce said friction will take quite a ...
2
The actus reas is striking V with the car
These concepts don’t go into the sort of detail you seem to think they do.
3
Probably murder. See State v. Pelham, 176 N.J. 448, 467 (N.J. 2003) affirming a murder conviction:
if defendant's actions set in motion the victim's need for life
support, without which death would naturally result, then the causal
link is not broken by an unforeseen, extraordinary act when the victim
exercises his or her right to be removed from life ...
4
It would be murder (assuming the facts surrounding her getting shot would support a murder charge, of course, and it wasn't something like an accidental discharge.) The fact that she was on life support for a time is irrelevant.
Under Maryland law § 2-102 it doesn't matter how much time has elapsed:
A prosecution may be instituted for murder, manslaughter, ...
12
We are talking about larceny and larceny & destruction of property in the two cases. So at the minimum, there are more laws that apply. But what are the laws?
Florida names its Larceny statute... Theft:
812.014 Theft.—
(1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent ...
8
Under U.S. law, double jeopardy prevents you from being charged with the same charge twice, and also from being charged with any offense which is a lesser included offense of the charged offense, or a charge so substantially similar that for constitutional purposes it amounts to the same crime. Basically, the test is whether a prior acquittal would be ...
3
Double Jeopardy, in the US, protects against a second trial for the same action. It is prohibited by the 5th Amendment to the US Constitution, which reads (in pertinent part):
... nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
As the Wikipedia article says:
As described by the U.S. Supreme Court in its ...
-4
The answer to your question, with the facts provided, is a solid maybe. Many factual questions would need to be answered to even get close to a clear answer. Was the original recording with consent? How embarrassing is the stuff on the recording? Was the original picture taken with consent? What's the intent behind posting it? In what state are the two ...
2
Depends on where it happens, and possibly who the persons are.
In parts of Europe, individuals generally have a right to control the use of their picture, but there are exceptions. Basically, if the individual either becomes a 'legitimate' news event or part of the background of such a picture, the use is allowed, if they are just ordinary people doing ...
1
If you recorded the clip, you have copyright on it, and distributing it (which includes posting it) without your consent is copyright infringement. However that is not a crime. You could sue, but that would be expensive and not quick. You could, if this is in the US, send a DMCA takedown notice.
That this clip was recorded in your apartment or other dwelling ...
2
Independent Thought vs Union Of India (2017) apparently states the law of India, presently, and the answer is, 18. India being a common law country, the Supreme Court has the power to interpret the law when the statutory language might suggest something else. The issue is that marital intercourse is often an exception to rape laws (India does not recognize ...
-2
You don't really need to "revive" that person. It's the same as if you had someone whose "real identity"¹ is unknown. I don't think they would have any problem to trial inmate #123 or the guy who claims to be Abraham Lincoln.
If instead of Abraham Lincoln (dead 1865), it's John Smith (dead Dec 2020) the one he claims to be, you would have ...
-6
Prosecutors make charging decisions, not the police.
27
The same thing that happens to everyone else
Being declared legally dead does not mean that you are dead; it simply allows your assets to be distributed as if you were.
If you turn up alive, you go through a bureaucratic procedure to have the record of your death removed, get a new driver's licence, etc. You usually don't get your assets back. If you happen ...
1
Hank would certainly have a case that Walter White was the "Heisenburg" cook as Walter had the motive (he needed lots of cash fast), means(Access to chemicals, strong chemistry knowledge, and connections to distribution networks) and opportunity (Walter had time to do the steps required of the operation).
Notably, the money doesn't need to be there ...
1
Probably on several counts and they might also face problems over the deaths of Ashli Babbitt, Rosanne Boyland, Kevin Greeson and Benjamin Philips though those all seem to have been among the insurgents!
You might be thinking of "joint enterprise", as in The Accused (1988) with Jodie Foster. There Kelly McGillis's lawyer character explains joint ...
2
There is already an answer which lists some of the possible crimes which were committed by the perpetrators due to the methods they used.
I'll add that their stated goal was itself a crime.
Deliberately interfering with a government function performed by Congress falls under obstruction of Congress. This is a part of the obstruction of justice law.
Here are ...
-4
Yes. An individual imprisoned not under a valid statute is imprisoned unconstitutionally. This individual could bring a habeas corpus motion and be set free. Here's an example https://www.statesman.com/news/20200515/court-oks-compensating-man-imprisoned-under-invalidated-law.
Additionally, I would certainly argue, and I would bet this is true, that ...
16
Background
The question is alluding to the crime of "felony murder".
Historically in England, and in the British colonies, most serious felonies were "capital offenses" punishable by death. But, over time, the scope of crimes eligible for the death penalty was narrowed to murder and a handful of other crimes (e.g. treason and kidnapping ...
18
I am aware that American law has a concept of each member of a group being jointly responsible for the actions of other members of the group
This is much too broadly stated to be accurate. There is no general law of group responsibility in the US.
Under US law, when a group of people agree to do something jointly that is illegal, or using illegal means, ...
-1
As the posts above have touched on, there's both DC law and Federal law to consider. There's a panoply of charges prosecutors could bring. Some examples, starting from the least serious and working towards the most serious: trespassing, trespassing on federal property, disorderly conduct, disturbing the peace, vandalism, theft (for those who took stuff), ...
9
It is hard to know what to call the people who entered the capitol and its grounds without biasing the answer by the selection of terms. I am going to call them "intruders" because I must call them something to make an answer.
If police or other authorized people actually invited the intruders in, then some otherwise possible charges go away, at ...
1
The collective group of protestors would likely not be charged with assault. Assault could be charged to the subset that assaulted individuals inside the Capitol Building. Similarly I've seen reports of Theft which are also chargable. Some laptops from legislator offices were taken. The Capitol Building is not secured for holding classified information, ...
4
Whether to cooperate with the police is a mater of judgement, not of law. The police cannot compel a person to participate in a line up unless they arrest that person. If they can get a photo of the person, they can stage a photo line up without anyone's consent.
Most lineups have only a single suspected person present.
Many years ago, I did A summer ...
6
In this instance, the police were almost certainly trying to get you to volunteer to be in a line-up with the victim of the crime picking out potential suspects (of which you were absolutely one, and probably remain so).
Assuming the chap or chappete who got mugged, who basically only saw the barrel of the gun, picked you out of the lineup at random, you ...
16
Short Answer
This is governed by state law (for state law enforcement officers granting this authority) or federal law (in the case of authority granted by a federal law enforcement officer), so the details may vary from case to case.
In many circumstances, however, a law enforcement officer has the authority to temporarily 'grant' his authority to another ...
6
This is governed by state law. For example, regulations in the state of Washington allow veterinarians to euthanize wildlife under certain circumstances, and in a separate regulation,
Only a law enforcement officer or individuals or entities authorized
by the department may euthanize an animal injured in a motor vehicle
collision and that deer or elk may be ...
5
Probably the fisherman would prevail legally in the end, but he might get entangled in a very undesirable legal situation by recovering a corpse.
There was a real world case around a team of deep divers where the team even refused direct orders by the Coast Guard to recover a body. [Shadow Divers: The True Adventure of Two Americans Who Risked Everything to ...
26
There are several treason and sedition crimes in federal law all of which are defined by statute.
Treason Offenses
Treason offenses pertain to acts in furtherance of a foreign country or sometimes more specifically a foreign country with which the United States is at war (which is the legal definition of an "enemy"). These include Sections 2381, ...
15
Based on what we were taught when I was an EMT in New York State, there would not be a problem. Seeing a body float by, you can't tell for certain that they are truly dead, so you would be perfectly justified in pulling them onboard/getting them to shore/rendering aid regardless of your level of training.
Face up/face down would not apply because, ...
3
Sex for rent arrangements are illegal solely because prostitution is illegal, and because economic duress is not a defense to most criminal offenses or civil legal obligations. Otherwise it would be a valid barter transaction. Indeed, in lots of places, it is a valid barter transaction which isn't illegal.
5
There's also the matter of admitting its over is not admitting he lost. Trump could be saying privately that he thinks all possible attempts to contest were blocked, but that since almost all were blocked for non-evidentiary reasons, he can still hold that had the cases progressed to the evidentiary portion the outcomes would have been different.
From an ...
51
In this specific scenario, not only is it not a crime, failure to do so is a breach of proper maritime protocols and could be illegal.
A person manning a boat and sees a human in water in distress should immediately go to the rescue or recovery of the victim. This is commonly started by the crewman of the vessel who spots the body shouting "Man ...
30
Using Florida as an example, this would be fine.
Tampering with evidence requires the intent to destroy, alter, or conceal it to impair its usefulness. The intent here was the exact opposite- there is no mens rea here and no crime has been committed.
2
I would imagine this is because there is not a law specifically criminalizing the practice of offering a "sex-for-rent" arrangement in itself; rather, this is/has been normally handled under existing anti-prostitution law (hence the "legally defining as prostitutes").
Prostitution is the exchange of sex for "something of value", ...
10
Why must victims be legally defined as prostitutes in order for a prosecution to take place?
The arrangement is currently illegal* because it constitutes causing or inciting prostitution for gain or controlling prostitution for gain, contrary to section 52 or 53 of the Sexual Offences Act 2003, so the victim would then be a prostitute.
*At least in the ...
0
Criminal cases can generally be brought only in the jurisdictions where they were committed or where they caused injury. Only the jurisdiction that has enacted the relevant criminal laws can enforce its own laws, which presumptively apply only in the territorial jurisdiction of the place enacting them.
In the case of a criminal assault case, where the ...
2
Short Answer
The 10 day demand letters are state law but only apply when the property (in the case of the question, a car) was leased in a written agreement, or was purchased for a bad check. And, it isn't always ten days. These laws do not apply to other cases where the car is initially used with permission and then not returned upon the request of its ...
-1
So essentially the person sending the letter is basically saying you have 10 days to meet the demands (probably returning the car to them or paying a certain loan if you're not up to date on debts or some other legal demand). Failure to comply within 10 days of reciept of the letter (not sending it) will mean that they will report the property as stolen. ...
2
If a person intentionally places a wallet with money in it on the ground and walks away, that money is abandoned property and the person leaving it no longer has a legal claim to it.
However, someone finding such money will not know that it was abandoned and should treat it as lost.
A person who finds the wallet and realizes that it contains someone else's ...
0
The reasonable conclusion (given circumstances) is that the wallet is lost, and the money inserted into it is abandoned, but a state need not recognize such a difference. "Abandoned" tangible property in washington is generally about tenants and landlord, and abandoned property is generally about things that represent something of value (stocks, ...
7
Apart from hiring an attorney (who will, based on the specifics that you tell him, have a better recommendation), you can appeal to the district attorney, the mayor, a higher officer in the chain of command with the local police, and whatever TV-on-your-side news-guys there are. The decision to prosecute rests with the DA: the police make recommendations. ...
0
Freedom of speech is protection from government making laws that restrict your speech. Reddit, twitter and such are not government and not performing government functions. They may kick you out of their place for what you say, don't say, or just because your name contains a character that they don't want to display.
But no, being banned from a service for ...
2
Section 3(a) of the Uttar Pradesh Unauthorised Lottery (Prevention) Act of 1995 states that..
No personal shall promote or conduct any lottery...
No distinction is made in the Act between physical and on-line lotteries, but whether this law is actually enforceable for using non-jurisdictional websites will depend on the circumstances and available evidence ...
1
Unfortunately you don't name the articles your referring to.
A quick look list the following articals where carcan is used:
§§ 8(1),22,24,28,36,56,67
ARTICLE 8. (Page 91 of PDF) 1811 edition
The infamous [Entehrende, dishonour] penalties are,
1 ° The stock [carcan, Der Pranger] ;
2 ° Banishment;
3 ° Civic degradation.
Note:
§7 afflicting and infamous ...
5
Generally speaking, under US law, the victim or alleged victim of a crime cannot force a prosecution. Police and prosecutors have wide discretion on which crimes to prosecute. Even if it is clear that a crime has been committed, there is usually no right to have police or court action. If officials think that the public interest (or their own interests) ...
8
There's always civil action possible; "assault and battery" has a civil variant as an "intentional tort"
Civil assault and battery are torts. A tort is a wrong committed by one person against another, causing damage. Specifically, civil assault and battery are intentional torts. [...]
Intentional torts are torts that are committed on ...
1
Additional consideration: in most jurisdictions, certainly those with remaining strong ties to British Common Law, a judge has the power to set aside a jury verdict. It is very rare, but in a case where a judge views a verdict as so egregiously contrary to the evidence presented as to bring justice into disrepute, she can substitute her own verdict. With ...
2
Keep in mind that there are two kinds of legal consequences.
One is criminal liability for violating a criminal statute, in a prosecution that must usually be brought by a government official.
Merely causing emotional distress, in and of itself, is not generally a crime. For that matter, inducing someone to have sex with you through lies about anything other ...
1
The title and the contents of your question are totally different. The title is "will they disclose my information", which is likely the most relevant thing for you. The contents is "are they obliged to disclose my information".
What actually will happen: The company will ask itself three questions: 1. Will we be in trouble if we provide ...
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