New answers tagged criminal-law
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The Coronavirus Act 2020. Specifically Schedule 21 which relates to control of potentially infectious persons and Schedule 22 which limits gatherings and other aspects.
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Specifically Regulation 6, which relates to restriction on movement.
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This is both fraudulent misrepresentation and the crime of fraud
Fraudulent misrepresentation
If Marco can prove that:
He relied on Jimmy's statement when entering the contract
Jimmy made a statement of fact - stating that it's a rare coin when it isn't is a statement of fact.
It was a positive statement - Jimmy actually said it, he didn't just stay ...
3
Copyright almost certainly exists in the images, since presumably someone took those pictures and so they would own the copyright of those images. However, that doesn't mean you don't own the film, you just that don't own the copyright. You can have it developed to see what's there without copying the images. Just tell the developer you only want the film ...
0
Illinois code is probably similar, but this could be prosecuted as fraud in Georgia.
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 9 - FORGERY AND FRAUDULENT PRACTICES
ARTICLE 4 - FRAUD AND RELATED OFFENSES
16-9-50. Deceptive business practices
(a) A person commits the offense of using a deceptive business practice when in the regular course of business he ...
4
In the US, only crimes that involve death or crimes against the state can be punished with death, see Kennedy v. Louisiana, 554 U.S. 407 (this was a child rape case and execution was held to be unconstitutional). There is a consideration of "proportionality" whereby execution is not an option for all crimes involving death. The court doesn't include or ...
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If you escape from state prison and flee to another state, that fleeing is a federal crime. Escape from federal prison is a federal crime (thus pursued by the federal government). Otherwise, escape from (California) prison is a California crime, pursued by California. The federal law regarding escape is stated in terms of who has custody, not the ...
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In Germany, had the store not called the police (or paramedics), they would have been charged for not doing so under Section 323c. Other jurisdictions will no doubt have similar laws.
On arrival, being informed that you ran away - but thankfully paid with a credit card - the police will try to find you. They are not allowed to make a determination that ...
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It is not a crime, but may still be illegal.
A "threat" to commit suicide does not fall under the definition of "criminal threat" under California law. The person being "threatened" has no reasons to fear for their own safety and well-being other than possibly facing liability for failing to prevent suicide and/or feeling distressed.
Still, a person "...
1
Other aspects aside, are you in legal peril for threatening to commit suicide? Not in the direct sense.
It's not illegal to attempt to emotionally manipulate someone. However, it would be a fairly common reaction to call the police when someone is acting as though they are a harm to themselves or others. I have no doubt that had you remained until the ...
2
When you threaten to commit suicide in front of me, of course I will call the police, hoping that they will arrive in time to save your life. Any decent person would do that. The police aren't called to throw you in jail, but to save your life.
As far as your money is concerned, you showed clearly that you are mentally disturbed, so your claim that you ...
1
Legal unless you violate copyright.
Screenshots will probably be fair use. The manuals/how-tos need to be your originals, not copies from anywhere.
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There is a slim chance that it is truish, depending on whose law you are asking about, and also depending on the facts (if the drug was in a baggie, it's unclear; it is was mixed with the soda, it's clear and it's true). As far as I know, the "baggie in can" theory has not been put to the appellate test (perhaps that is evidence that the can does not count). ...
2
It's happened before in real life.
Here is a 1994 article describing an Illinois criminal trial where defense counsel pulled the old switcheroo and sat a different person with him at the defense table instead of the defendant. The defendant, instead, sat somewhere else in the courtroom.
After a witness misidentified the perp as the person at the defense ...
1
No.
Tuberville v Savage ([1669] EWHC KB J25)
"If it were not assize-time, I would not take such language from you."
(said while grabbing the handle of sword)
According to this article, conditional threats are not considered a true threat.
The court held that a conditional threatening statement, without an imminent threat of harm, does not ...
2
In re Grand Jury Witness G.B. addresses the underlying legal principles. In that case, GB, the victim of a stabbing (not a suspect), appealed a court order for a warrant to take a DNA sample. A relevant federal rule is Rule 41(b), that
A warrant may be issued ... to search for and seize any (1) property
that constitutes evidence of the commission of a ...
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The means and motivation by which you intentionally harass people are no defense.
There is no material difference whether you harass someone yourself, ask someone else to harass, use a drone or trained/tamed animals. Whether you harass because the target may subjectively deserve so also makes no difference.
The legal repercussions stay the same: charge, ...
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The defense
These are affirmative defenses and the burden of proving they exist lies on the defendant. Note that they have a balance of probabilities burden, not a beyond reasonable doubt.
It doesn’t matter if proving this is a total or partial defense.
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