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3 votes

Remanded for a plea of Not Guilty for Reasons of Insanity?

You don’t plead anything at the police station When you are arrested the police will take you to the station and hold you for a short period (terrorism offences excepted). During this time they will ...
Dale M's user avatar
  • 211k
2 votes

A tricky question about cybercrime

all of them Doing anything on the internet happens in at least two locations as far as the law is concerned: Wherever the sender is and where the receiver is. Like with a phone call, both sides laws ...
Trish's user avatar
  • 39.9k
5 votes
Accepted

How many lawyers can one defendant have?

How many can you have? Germany alows at most 3 defenders under §137 (1) StPO. (1) Der Beschuldigte kann sich in jeder Lage des Verfahrens des Beistandes eines Verteidigers bedienen. Die Zahl der ...
Trish's user avatar
  • 39.9k
4 votes

Is a victim's testimony alone sufficient evidence to support a felony conviction?

The law of scotland has historically taken the position that "no one shall in any case be convicted on the testimony of a single witness. No matter how trivial the offence, and how high so ever ...
alexg's user avatar
  • 6,755
2 votes

Is a victim's testimony alone sufficient evidence to support a felony conviction?

germany A Victim is someone that was present and the target of some act, so they are also a witness. Witnesses present evidence to the judge[s], their statement is evidence and follows the rules under ...
Trish's user avatar
  • 39.9k
11 votes

Is a victim's testimony alone sufficient evidence to support a felony conviction?

united-states Yes, someone can be convicted of a felony based solely upon that testimony of a single witness, who may be the victim of the crime. See, e.g., Williams v. Florida (Fla. App. 2018). ...
ohwilleke's user avatar
  • 218k
3 votes

Is a victim's testimony alone sufficient evidence to support a felony conviction?

canada The question always remains whether the finder of fact is convinced beyond a reasonable doubt as to the guilt of the accused. See R. v. (W.)(D.), [1991] 1 SCR 742: First, if you believe the ...
Jen's user avatar
  • 57.4k
5 votes

Court closure incident by Judge Juan Merchan in Trump NY trial: Would this be structural error or harmless?

Would the actions of Judge Juan Merchan under the court circumstances of yesterday meet the test SCOTUS set in Waller precedent so as to not create structural error, entitling Trump to automatic ...
ohwilleke's user avatar
  • 218k
2 votes

Can you be charged with incitement for using reverse psychology to get someone to commit a crime?

canada In Canada, "incitement" refers to a particular hate-related offence. I think you're referring to what in Canada is called "counselling" of an offence, criminalized at s. 22 ...
Jen's user avatar
  • 57.4k
5 votes

Can I physically restrain criminal in public places?

One can execute a citizen's arrest when finding someone committing an indictable offence Criminal Code, s. 494 allows for what is known as a "citizen's arrest." 494 (1) Any one may arrest ...
Jen's user avatar
  • 57.4k
3 votes
Accepted

Which law criminalises suspended/former teachers having sex with 16-year old pupils?

canada In Canada, the relevant offence is s. 153 of the Criminal Code: 153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with ...
Jen's user avatar
  • 57.4k
0 votes

If a student takes a confiscated item from teacher, is this considered theft?

When I was busy working, the student took the item back without my consent, is this considered theft of property by student in legal terms? No. It isn't even a crime, since the student owns it, or at ...
ohwilleke's user avatar
  • 218k
5 votes

If a student takes a confiscated item from teacher, is this considered theft?

It's not theft. Theft requires an intent to permanently deprive the owner of their property (incidentally, the temporary nature of confiscation is the reason why the teacher hasn't committed theft ...
Nuclear Hoagie's user avatar
0 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

For most crimes, the attempt to commit them is already a crime. However, for some crimes only the completed act is. Which fall into which category is a question of jurisdiction. Note that "...
Tom's user avatar
  • 673
-1 votes

Can you be found guilty of a crime even if it's not you who is on trial? (USA)

To answer this. Yes you can be charged with information that is discovered during the course of someone else's trial (unless you were granted immunity for testifying or something). However being &...
Questor's user avatar
  • 326
2 votes
Accepted

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant?

Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant? No. Court Commissioners have absolute immunity from civil liability arising from their official ...
ohwilleke's user avatar
  • 218k
3 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

In general, Carl just needs to absorb the loss - although as as criminal he will probably take his own retaliatory action. But in n your specific cases... Carl has the simple option of lying about ...
Graham's user avatar
  • 2,779
12 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Carl might be interested in bringing a civil lawsuit against Scarlett arising out of the scam, but in doing so, would probably waive any right he had (if any) to keep his own involvement secret and by ...
ohwilleke's user avatar
  • 218k
6 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

If Scarlet's crime is more serious than Carl's, he might be able to negotiate immunity for his own crime in return for providing evidence and testimony needed to convict Scarlet. But he's taking a ...
Barmar's user avatar
  • 2,379
8 votes

If someone is reverse-scammed while trying to commit a crime, can they get the scammer without incriminating themselves?

Every offence, by either party, can be independently prosecuted. Whether a person who has themselves committed an offence will avoid reporting or co-operating is not a legal question. Intent to commit ...
Jen's user avatar
  • 57.4k
1 vote

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

To expand on the situation in Mainland china mentioned by another answer, the State Compensation Law provides, since 2010, that the State is liable Where a citizen is detained in violation of the ...
xngtng's user avatar
  • 6,093
0 votes

Are there countries where the defendant has the right to be absent from their trial?

Klaus Barbie claimed that his extradition was technically illegal and asked to be excused from the trial and returned to his cell at Prison Saint-Paul. This was granted. He was brought back to court ...
Simon Crase's user avatar
2 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

Here is almost the reverse (wrongful conviction rather than acquittal): Wrongly convicted in Britain no longer forced to pay ‘saved living costs’ in prison One of Britain’s longest-serving victims of ...
Simon Crase's user avatar
4 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

In China, as I know, if a prisoner is acquitted and released, according to the "State Compensation Law of the People's Republic of China," they are entitled to apply for state compensation. ...
PoonKinWang's user avatar
12 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

france As explained in another answer at this site to a related question, there is some provision for compensation in France. The answer said: "Losses suffered through pre-trial detention . . . ...
ohwilleke's user avatar
  • 218k
5 votes

Are there countries where defendants are fully compensated for their time if they’re found not guilty?

You can't prove a negative, but ... Article 14.6 of the International Covenant on Civil and Political Rights (ICCPR) says: When a person has by a final decision been convicted of a criminal offence ...
Dale M's user avatar
  • 211k
8 votes

Are there countries where the defendant has the right to be absent from their trial?

In the U.S. the Supreme Court has ruled that the defendant must be present at the start of their criminal trial in order for it to be valid. Are there countries where the defendant has the right to ...
ohwilleke's user avatar
  • 218k
3 votes

Are there countries where the defendant has the right to be absent from their trial?

Fact check: A U.S. defendant can decline to attend their criminal trial with the permission of the judge, at least in New Hampshire. In February 2024, Defendant Adam Montgomery, on trial for the ...
MTA's user avatar
  • 1,439
0 votes

Misdemeanor crime. Bein charged w/ hx and have documentaton of another person taking ownership

Would someone still be charged with a misdemeanor crime if another person wrote a letter stating that he take ownership of said crime? Law enforcement officers and prosecutors are not required to ...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

Being paid not to press charges

new-south-wales Unwarranted demands with menaces is blackmail A demand is unwarranted if the person does not believe they have a lawful entitlement to the thing demanded, the mother in the story does ...
Dale M's user avatar
  • 211k
2 votes

Being paid not to press charges

Lawyers in the U.S. are expressly prohibited from reaching a settlement that involves not pressing charges under the rules of professional ethics that apply to them. The analysis by Jesse_b that the ...
ohwilleke's user avatar
  • 218k
7 votes

Could Judge Merchan put Donald Trump on house arrest during the current criminal trial?

Judge Merchan can revoke Trump's pretrial release, for failure to abide by the conditions of that pretrial release, or could sanction him for contempt of court (e.g. violation of the gag order in the ...
ohwilleke's user avatar
  • 218k
3 votes

Being paid not to press charges

A victim, generally, does not get to decide whether or not charges will be filed, that is up to the prosecutor. So even if this was some sort of legal transaction they would be selling a service they ...
jesse_b's user avatar
  • 959
-5 votes

Can a probable cause statement be used on two different people after the first charge on a person is dismissed

A probable cause statement says that charges should be pressed against someone. It is not needed. A mistake in it has no bearing. Charges are brought through an indictment or information.
Mimedfp's user avatar
10 votes

What rights does a dead body have? Can crimes be committed against one?

germany In Germany (and other countries around it) there is a concept called "Störung der Totenruhe" which kind of translates to disturbing the rest/peace/quiet/dignity of the dead and it is ...
Yanick Salzmann's user avatar
3 votes

Can a probable cause statement be used on two different people after the first charge on a person is dismissed

As I understand your question, an affidavit did make the clerical error of mixing John Smith Junior and John Smith Senior. The clerical error was corrected some but not all documents. Such an error ...
o.m.'s user avatar
  • 18.2k
28 votes

What rights does a dead body have? Can crimes be committed against one?

The answer by bdb484 is correct in all respects, but this answer expands upon it. The top line conclusion that dead bodies do not have rights and are not legal persons are correct. Dead bodies are ...
ohwilleke's user avatar
  • 218k
38 votes

What rights does a dead body have? Can crimes be committed against one?

The dead body does not have rights, but there are laws governing how it may be handled. California prohibits corpse desecration, which covers anyone who "willfully mutilates, disinters, removes ...
bdb484's user avatar
  • 60.4k
5 votes

Who gets to select/know the identities of the Jurors in an anonymous Jury?

The parties will typically receive a list of potential jurors, and that appears to have been the case here. Both sides' attorneys will have access to that list, but they will be under court order not ...
bdb484's user avatar
  • 60.4k
-5 votes

Who gets to select/know the identities of the Jurors in an anonymous Jury?

In most jurisdictions the jury sits in the courtroom. They can be seen by either side the whole time. They are not anonymous. Sometimes the media is not told, so they do not try to speak to them.
Mimedfp's user avatar
2 votes

Can anti-Israel protesters be charged with obstruct movement to a public place

Do these actions qualify as PC647c violations? California Penal Code Section 647c states: Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk,...
ohwilleke's user avatar
  • 218k
9 votes
Accepted

On what basis are Miranda rights enforced?

The U.S. Constitution, as the U.S. Supreme Court held in the year 1966 in the Miranda case, provides that introduction of evidence obtained without a Miranda warning in a criminal trial is ...
ohwilleke's user avatar
  • 218k
-6 votes

On what basis are Miranda rights enforced?

It is the result of case law. You do have a right to be read your rights during questioning.
Mimedfp's user avatar
9 votes

Can my stepdad steal from my room when I’m gone?

The answer provided by ohwilleke is excellent from a legal perspective. Mostly, this could be anger talking. This man is rightfully angry that his property is missing. You could defuse the situation ...
Pete B.'s user avatar
  • 676
1 vote

Can my stepdad steal from my room when I’m gone?

First and foremost, as uhoh said: This is not primarily a legal affair. Your situation is complicated and conflicts with step parents are not rare. You really may want to ask a question over at ...
Peter - Reinstate Monica's user avatar
3 votes

Breaking and entering vs trespassing

Florida law makes a number of distinctions the depend upon the nature of the property. I assume a residence, but the question isn't clear what kind of structure is involved. There are half a dozen or ...
ohwilleke's user avatar
  • 218k
-5 votes

Breaking and entering vs trespassing

Breaking and entering usually refers to a burglary or other crime that was committed after the person broke in. It is often used as a catchall phrase. Trespassing usually means a person was asked to ...
Mimedfp's user avatar

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