New answers tagged criminal-law
7
Stealing money is theft, see RCW Chapter 9a.56 in Washington, and analogous laws in other jurisdictions. What you describe is theft, as defined under RCW 9A.56.020, and that is a crime. Defenses are available only in case of an open taking made under a good faith claim to title to the property ("it's my money"), or an irrelevant defense related to ...
2
Not with Assurance
That the money was already stolen, or otherwise illegally gained does not entitle the whistleblower (who I will call W) to take it. W is still guilty of theft. The authorities might choose not to prosecute W, because of W's assistance in hindering the criminal organization, assuming that assistance proved as valuable as W expects that it ...
-3
Discovery is a process of finding out what information each side intends to present at trial. However, one of the purposes of discovery is to alert the opposing side, so that they may challenge something as legally inadmissible. Admissibility is decided by the judge, whereas the intent to present at trial is decided by e.g. the prosecutor. If it is admitted ...
3
Is there any state where someone doing this would potentially face
manslaughter or murder charges, due to some variant of a 'life starts
at conception' anti abortion law?
Not really. Those laws are currently unconstitutional. A state could certainly prescribe some criminal punishment in a case like this one, but punishing under existing manslaughter or ...
0
The question says:
To naturalize and become a citizen of your new country, I believe you need to get a police report or something of that sort from your old country during the naturalization process, even though you've been living in your new country for many years.
That does not seem to be generally correct. At least I can find no l;aw or regulation to ...
3
ohio
As well as defamation, covered by @bdb484, "falsely accusing another person of a crime" is also a first degree misdemeanor:
Ohio Revised Code 2921.13 states:
(A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
[...]
(2) The ...
6
In Ohio, and in most common-law jurisdictions, this conduct is covered under the tort of defamation. It is a common law tort rather than a statutory tort, so there is no statute to consult. Case law requires a defamation plaintiff to prove:
that a false statement of fact was made;
that the statement was defamatory;
that the statement was published;
that the ...
0
This might lead one to wonder: if someone commits a crime (an uncontroversial, completely non-political crime, e.g. old fashioned theft or murder) in country A, then escapes to country B, who cannot extradite him back to A, what typically happens next?
In Germany they will be charged for that crime based on §7 (2) of the German Criminal Code.
You may find ...
1
This might lead one to wonder: if someone commits a crime (an
uncontroversial, completely non-political crime, e.g. old fashioned
theft or murder) in country A, then escapes to country B, who cannot
extradite him back to A, what typically happens next?
As another answer notes:
Countries can, and do, sometimes extradite accused criminals even in
the absence ...
1
Some countries don't extradite their own citizens at all. So in such cases a criminal is safe if he/she manages to get to their home-country after committing a crime in another country.
3
Countries can, and do, extradite accused criminals even in the absence of an extradition treaty. There is always some political context to any extradition decision. In particular the sending country's judgement of the fairness of the requesting country's system of courts will be a factor.
As to the practicalities, the requesting country will often supply ...
9
This isn't a direct answer to the question, but there is a point which is highly relevant to it and of which you may possibly not be aware. This is that in English law a jury does not need a "legal" reason to acquit a defendant and it may acquit for any reason it pleases. For example, even if the judge advises the jury that there is no defence and ...
1
The arguments the defense made weren't really legal arguments, despite citing laws. They were excuses to be able to talk about how bad the statue is and gain sympathy from the jurors, to get a jury nullification and give that jury nullification legal cover and excuse. It's basically the idea used by the defense in Grishom's A Time to Kill, where temporary ...
22
In order to prove criminal damage, the prosecutors had to show that the four individuals
Destroyed or damaged property [= the statue]
The property belonged to another [= Bristol City Council]
They intended to do so, or were reckless as to whether that would happen
They had no lawful excuse
They evidently failed to convince the jury of the combination of ...
7
The defense barristers made two key arguments:
The defendants' acts were necessary to prevent the commission of a crime, namely a violation of section five of the Public Order Act, or the Indecent Displays Act.
A conviction for criminal damage would have violated Articles 9, 10 and 11 of the Human Rights Act 1998.
1
In U.S. law, there are several ways that a non-profit organization's failure to conform to its stated charitable purpose is enforced, and how non-profits, more generally, are supervised in the U.S. legal system.
The question also contains some misapprehensions about which government officials and agencies are involved in dealing with the issues it discusses (...
2
If you send a letter to the Sec'y of State in Ohio complaining about a charity, you will get a reply, which can be summarized as "Not our problem". The state Attorney General might have an interest in fraudulent charities, but without clearly showing that there is actual fraud, the response is likely to be "Thank you for your interest, ...
1
Since you have tagged Ohio, and are asking about criminal fraud, the relevant laws contained in Chapter 2913 of the Ohio Revised Code, specifically sections 2913.01 (Definitions) and 2913.02 (Theft). From a brief read through, the answer appears to be "yes in theory, but not clearly, and even if so, hard to prove". (Disclaimer, I am not a lawyer).
...
1
In the U.S., this is largely a matter of professional ethics applicable to attorneys. It is calculated to prevent a party from publicly disclosing evidence that would otherwise be inadmissible at trial in order to make it known to potential jurors who may decline to disclose that they have this information and could rule based upon it.
Every U.S. ...
2
Generally speaking, a plea bargain does not include conditions of confinement. The prosecutor can recommend that the judge and department of corrections sentence someone to serve at one facility rather than another, but that recommendation is not binding and micromanagement of how the department of corrections manages someone who has been sentenced is ...
3
Yes, one should not publish evidence until a verdict is reached. This includes any possible appeals.
In common law, doing so has long been one of the contempt of court offences called sub judice, or "publishing information that interferes with a fair trial". The main point is that the jury should not be influenced by any information other than what ...
3
Referring to the current US Code, 16 USC 1538, one may not
(B) remove and reduce to possession any such species from areas under
Federal jurisdiction; maliciously damage or destroy any such species
on any such area; or remove, cut, dig up, or damage or destroy any
such species on any other area in knowing violation of any law or
regulation of any State or ...
5
Yes, this would be legal self-defense.
But, in practice, mass shooting events are usually too quick to allow anyone to make a booby trap.
For example, a mass shooting event in Denver and Lakewood, Colorado this week lasted just 47 minutes and took place at seven distinct locations which no one but the shooter could have predicted in advance, spread over a ...
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