New answers tagged criminal-law
8
votes
Accepted
Is reasonable doubt that of >=9.1% probability?
I'm not aware of any jurisdiction that defines it numerically.
england-and-wales
The guidance is that the jury is directed like this:
The prosecution must prove that D is guilty. D does not have to ...
- 14.9k
9
votes
Is reasonable doubt that of >=9.1% probability?
Reasonable doubt is not a quantifiable concept. It is an error in law to instruct a jury to consider it in the manner you describe.
Reasonable doubt is not amenable to mathematical calculation or even ...
- 43.8k
2
votes
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?
The Mayor of London's Revenue Enforcement & Prosecutions Policy says that TfL Approved Prosecutors prosecute 'fare evasion':
on TFL Rail & London Underground, contrary to the provisions of ...
- 14.9k
9
votes
Is TfL a public body as under s17(6)(d) POA1985?
Not under 17(6)(d) but under 17(6)(c)
Transport for London is a local government body.
Section 17(6)(c)(i) allows "public authority" to be:
(c) a local authority or other authority or body ...
- 25.8k
5
votes
Is drunk driving a malum prohibitum or malum in se?
Drunk driving considered malum prohibitum. The place that the line is drawn for the offense is arbitrary and it doesn't inherently harm another person.
In contrast, the closely related driving offense ...
- 195k
3
votes
Accepted
What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?
I would say that these are public prosecutions.
There are not that many differences in principle between public and private prosecutions. Among those differences are that there are some variations in ...
- 4,841
0
votes
What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?
The Crown
Prosecution is always by the government, who in the UK (per the abbreviation CPS for Crown Prosecution Service) is referred to as the Crown. In other jurisdictions they may be referred to as ...
- 198k
1
vote
What is a store detective allowed to do?
The laws you are looking for is the so-called "Jedermannsrecht".
Essentially: Anyone, not just a store detective, does have the legal right to stop you and keep you until the police arrives, ...
- 547
2
votes
Spending overpaid stipend instalments
england-and-wales
Both the university and Bob made mistakes, with the consequence that Bob received more money than he should have received. Apparently:
the university didn't notice Bob had dropped ...
- 14.9k
2
votes
Where can I read detailed sequence of events in court cases?
germany
German courts have to give the Urteilsbegründung, the explanation or justification of their decision. This is first given verbally, during the sentencing, and then in longer written form a few ...
- 14.5k
4
votes
Why are US convicts sent to prison with a public "rap sheet" detailing the charges against them?
Laws governing rap sheet disposition are set at the level of state law, for state crimes, I will focus on Washington state. Rap sheets have "always" been sent to prisons and there is no ...
- 210k
2
votes
Could my son get in legal trouble for a poor taste joke he made on social media?
Free speech protections in the U.K. are much weaker than those in the U.S. in many key respects.
The kind of comment mentioned might give rise to legal action in the U.K., either civil or criminal (...
- 195k
1
vote
I was asked to leave a store for no reason,then employee snatched item out my hand that belonged to me, I was the ordered out of the store,legal?
You do have the option to let it go, but presumably you want the item returned. You claim it is your property, they claim it is theirs, you have a simple ownership dispute that could be resolved in ...
- 210k
2
votes
Can psychiatric illness factor into the question of guilt?
canada
Involuntariness negates the actus reus of the offence. Involuntary conduct is not criminal, and the law recognizes that voluntariness for the conviction of a crime is a principle of fundamental ...
- 43.8k
5
votes
Spending overpaid stipend instalments
ontario
Overpayments from the Student Assistance Program are recoverable by the government. The Social Benefits Tribunal, however, has discretion to vary or defer the amount recoverable. Typically ...
- 43.8k
1
vote
What crimes can one person cause another to commit?
Your example seems a bit contrieved. There are real world cases where it is easy to "make" someone commit a crime without being a criminal: inheritance.
Lets say a family member dies. You ...
- 6,000
3
votes
If a former witness was found guilty of a crime or deemed otherwise unreliable, does it retroactively discredit their former cases?
canada
A jury should be cautioned about a Crown witness who provides inculpatory evidence when that witness has an established history of disreputable conduct that the judge views to impair the worth ...
- 43.8k
3
votes
Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?
united-states
Are all of these sums (as well as any others that may be accounted for
in the amount of a criminal compensation order) theoretically also
recoverable . . . by way of a private claim, ...
- 195k
2
votes
Can I sue a ADA for filing a false criminal complaint in WI
Can I sue the ADA for that conduct?
No.
A prosecutor has absolute immunity from civil liability for their litigation misconduct like filing a criminal complaint (a prosecutor has only qualified ...
- 195k
3
votes
Accepted
Can you be retried if you appeal a partial acquittal?
Suppose they are acquitted of all charges except one. If they decide
to appeal the conviction and they succeed on their appeal, does that
open them up to re-prosecution on the other charges that were
...
- 195k
1
vote
Accepted
Can it be an offence simply to attend a demonstration against the wish of the official organisers?
This is Part 3 of the Anti-social Behaviour, Crime and Policing Act 2014. It gives the police the power to specify an area and a timeframe during which
a constable in uniform may direct a person who ...
- 13k
-4
votes
If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?
Taking this hypothetical situation out of the hypothetical and into reality.
We have a precedent for how the courts will handle such an extermination law that targets a specific group of people. ...
- 295
-1
votes
Can it be an offence simply to attend a demonstration against the wish of the official organisers?
The offense was staying when asked to leave
Why the person was asked to leave is not material to your question
from a commment,
Later the same day he was charged with with failing to comply with a
...
- 5,274
2
votes
If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?
For example, if a state legalized killing of black people, but kept
killing of white people a crime, it would apparently be
unconstitutional and violate the Equal Protection Clause.
If a U.S. state ...
- 195k
28
votes
Accepted
Is it illegal to give false information about a person to a foreign-based telemarketer?
The first point is that citizenship is not the controlling issue, jurisdiction is. A US citizen in Saudi Arabia is subject to Saudi law, a Saudi citizen in the US is subject to US law. I assume the ...
- 210k
3
votes
What sentences are faced for vandalism (and more) in New Hampshire?
The legally relevant part is the destruction of property. In this case, the facade needs to be re-painted, windows replaced and someone paid to remove the locks, new HVACs need to be bought... That's ...
- 33.8k
1
vote
If one person's illegal act causes another person to unintentionally commit an infraction punished by a fine, can the second person sue the first?
Probably not
Bob did not cause Alice to drive without a licence. Alice chose to get in the car without first checking she had her licence with her. Bob's not responsible for that. In general, seeking ...
- 198k
5
votes
Is it legal to pretend to be drunk?
united-states
The potential charge would be obstruction of justice, not pretending to be drunk. The critical factor making this potentially criminal conduct would be an intent to interfere with the ...
- 195k
-1
votes
Is it legal to pretend to be drunk?
Yes in germany
Driving in a fashion that makes it apparent that you have no capacity to drive is violating §23 StVO
(1) Anyone driving a vehicle is responsible for ensuring that their vision and ...
- 33.8k
0
votes
At what point does a DUI begin?
united-kingdom
The relevant offences are under sections 4 and 5 of the Road Traffic Act 1988 in Great Britain. In Northern Ireland, sections 15 and 16 of the Road Traffic (Northern Ireland) Order 1995 ...
- 4,841
5
votes
At what point does a DUI begin?
canada
Assuming impairment or a blood-alcohol level above the prohibited amount can be proved, the complete offence is made out at least as soon as the accused occupies the driver's seat.
This is ...
- 43.8k
20
votes
Accepted
In Canada, at what point can not pressing charges fail to prevent prosecution?
canada
The victim has a very limited role to play in charge approval. The charge will be brought either by the police or the Crown protector, depending on the province. This does not directly depend ...
- 43.8k
9
votes
Accepted
Has any acquitted defendant ever lost a defamation case, accused of committing the crime?
This will depend on what Trevor is actually saying to people when telling them that Craig committed the crime.
Scenario A. If Trevor is saying that "Craig was convicted," or "Craig is ...
- 43.8k
13
votes
Why do the police announce the time when they arrest somebody?
There are clear rules about the length of time a suspect can be held.
The UK government says in
Being arrested: your rights
How long you can be held in custody
The police can hold you for up to 24 ...
- 2,230
1
vote
Is it illegal to threaten harm to yourself?
Bob can ultimately be detained to prevent self harm, while self-harm is not fully legal, it is not generally a crime, however if Bob is a member of one of the Fort Peck tribes, it constitutes "...
- 210k
-1
votes
Is it illegal to threaten harm to yourself?
canada
Under the Criminal Code, assault (including threats of force) requires the target to be "another person" (see s. 265). Bob does not commit the offence of assault by threatening to ...
- 43.8k
4
votes
Accepted
What is the term for the idea that a law should never "cover all the possibilities" for being guilty?
canada
There is nothing contradictory or improper per se in the legislature enacting a set of criminal prohibitions that together would criminalize a large swath of conduct. Some laws do just that ...
- 43.8k
1
vote
Driver’s License loss
Texas law does not impose any obligation on a person who finds a lost driver's license. You can call the police and complain, but under the circumstances there is nothing they can do (since the bank ...
- 210k
-3
votes
Driver’s License loss
Dana - it might help if you rephrase this in a way that is clear enough for us to know exactly what you want to do, so that we can answer you most helpfully.
I will interpret your 3-4 questions here ...
- 1
2
votes
Accepted
What is the threshold for reasonable force when one is being mugged or assaulted?
england-and-wales
Self-defence isn't available as a defence to charges of sexual offences.
Other than that, there isn't such a "threshold" defined by law. There's no requirement for "...
- 14.9k
4
votes
What is the threshold for reasonable force when one is being mugged or assaulted?
canada
In summary:
The source of Bob's idea does not matter.
The act needs to be taken with the purpose of defending oneself.
There is no "threshold" — reasonableness is judged based on all ...
- 43.8k
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