New answers tagged criminal-law
1
No
There are many ways for classified information to be disclosed that do not involve a violation of the law. For example, classified information could be left in a filing cabinet which is sold at auction to a national broadcaster - as happened in Australia. While careless and embarrassing, it’s not illegal for the government to sell its secrets on the open ...
0
The parties have an ‘advocate’
When the court communicates with the advocate, it’s communicating with the parties - the advocate is the parties’ agent.
3
Only if counsel challenged the point during the trial
Difficult as it might be, you can’t allow the judge to be wrong during the trial without calling them on it: very, very politely.
For example, there is case law that says you can’t successfully appeal because the judge was asleep through significant parts of the trial; appeals courts a clear that you have ...
0
The U.S. Code of Military Justice and some other U.S. jurisdictions require some factually support for a guilty plea, but most U.S. jurisdictions do not.
It is not uncommon in state criminal practice to have a defendant plead guilty to a crime that definitely didn't happen, because the parties are willing to compromise on the punishment that goes with that ...
1
Let's try a thought experiment:
Assume (contrary to law) to get sentenced, not only you need to prove that someone did the killing, but also who the victim was.
This could lead to the following scenario:
Alice kills Bob.
To make sure nobody recognizes Bob, she chops off his hands and head, then throws both into a snowplow.
To evade DNA evidence, she takes ...
31
Yes, a person can be charged with the murder of person or persons unknown
The reason that police are really keen to identify the victim include (in no particular order):
It will probably clear up a missing persons case;
So they can inform the next-of-kin;
Being able to place a named person who loved and was loved before a jury rather than nameless corpse ...
3
Start with the premise that Person A has so far engaged only in speech, which is presumptively protected by the First Amendment. So unless the speech is for some reason unprotected, the police should not involve themselves.
This of course begs the question of whether this speech is protected. The First Amendment does not protect "true threats," ...
3
As is often the case with the recording statutes, the meaning of the law is refined by case law. Specifically, the consent requirement holds when the parties have a reasonable expectation of privacy. The statutory language limits the restriction to "private communication": therefore, a person does not gain veto power over a public recording session ...
3
Double jeopardy does not apply to different offences
[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb...
The Supreme Court has held that it means what it says - murder and rape are different offences and so the double jeopardy clause is not triggered.
However, if an offence requires that the same elements (...
1
Is this scheme applicable to archaic laws of 7-5 BCe?
Not in the example you provide, although legal systems that predate the Gortyn code contain portions which present the structure hypothesis-disposition-sanction.
Disposition is defined as "the final determination of the court in a criminal charge". Thus, the law "if you rape a free woman, ...
3
Yes and No
Germany has several criminal records.
Technically, all convictions lead to a criminal record in that there is a record in the Federal Central Register. However, in common usage, a “criminal record” means a crime that appears on a Certificate of Good Conduct.
Which crimes do appear is complicated but basically, if you only have one conviction and ...
3
Is it legal for me to send a letter asking for compensation in return of not suing nor pressing charges?
Yes, provided that by compensation you mean the equivalent (or close thereto) of what he stole. Your mention that the letter is on behalf of the company is crucial.
Although definitions of extortion make reference to "[acting] under color of office&...
1
Blackmail is broader than you think
I’m going to use the definition in s249K of the new-south-wales Crimes Act 1900 which I know is in niether canada nor the united-states but the definition will be close enough for this purpose:
(1) A person who makes any unwarranted demand with menaces—
(a) with the intention of obtaining a gain or of causing a loss, ...
5
Canadian law defines a crime of extortion, but not blackmail. An alternative theory of "blackmail" is that it is coercion. This is the law against extortion in Canada. We start with the definition of extortion, §346 (1)
Every one commits extortion who, without reasonable justification or
excuse and with intent to obtain anything, by threats, ...
1
The "manufacture etc." law seems to be this one:
§ 909. Manufacture, distribution or possession of master keys for motor vehicles
(a) Offense defined.– A person commits a misdemeanor of the first degree if he manufactures, distributes, or possesses any motor vehicle master key.
[inapplicable exceptions omitted]
(c) Definition.–As used in this ...
3
I've retracted and replaced my previous answer.
It is a citation to legal authority.
It is probably a reference to the book "Hale, The History of the Pleas of the Crown Hale PC" (originally published 1736 with later editions also printed) (see 4.2.3) with Hale abbreviated "Hal.", "pl." being an abbreviation for "plea" (...
2
The potential sentences are set forth in the Penal Code of Portugal at Articles 153 to 162. The statute for each offense sets forth a maximum penalty. The most serious offense of this type is punishable by up to 16 years in prison.
There is not always a minimum penalty and sentencing alternatives earlier in the Penal Code undermine the minimum sentences set ...
1
Firstly, sorry to hear this has happened to you. This type of thing can be very upsetting and ruin your whole weekend.
Do you know if the food truck is part of a chain? If he is a franchisee, you can complain the head franchisor about the inappropriate behaviour and he'll hopefully be disciplined.
I would definitely call the police non-emergency line and ...
16
From the Federal Racial Discrimination Act 1975:
18C Offensive behaviour because of race, colour or national or ethnic origin
(1) It is unlawful for a person to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
(b) the ...
32
You should file a complaint with the police.
If you complain to the police then they might do something. If you don't complain then they certainly won't.
Are food trucks licensed? You might try complaining to the license authority. However go to the police first because the licence authority are unlikely to do anything without a police complaint.
Even ...
1
Whether a witness is credible is a matter of fact, whether to strike testimony is a matter of law
So, in a jury trial, the decision isn’t even made by the same person: juries decide matters of fact judges decide matters of law.
Testimony can be stricken because it’s inadmissible under the law: it’s hearsay, or opinion (for a non-expert witness) etc. Not ...
-1
Why is “in fear of imminent physical contact” over broad?
The person facing the linebacker might be anxious, trepidatious, and excited about the imminent physical contact but, by virtue of it being a normal, everyday and socially accepted form of contact that they consented to, they cannot be “in fear” of it.
Remember that the standard of “fear” is objective ...
-1
Why do you need to strike the testimony1? in fact, why do you even want to do that? A good lawyer would want to keep that testimony, as an indicator how bad the testimony was. As an indicator that the prosecution did not beyond a reasonable doubt prove their case. Let's ask Devin how to deal with a witness that you demolish so utterly that all he can say ...
1
in order to raise such a defense the Defendant would have to effectively confess to the Assault (or at least some critical elements of it)
It may be possible to avoid this by arguing in the alternative.
a party in a lawsuit is not limited to one argument... if you are on trial for murder, you may argue that the case was one of mistaken identity, and that ...
2
The seminal case on this was Riggs v. Palmer, 115 N.Y. 506 (1889). A grandson stood to inherit a sizeable estate from his grandfather and, concerned that the will might change, killed his grandfather.
In the united-states most jurisdictions have passed "slayer statutes" to prevent the killer from taking under the will.
In Maryland, one who "...
0
To get out of the contract, you would have to convince a judge that you didn't sign it (more precisely, that based on the facts it's more likely that you didn't sign the contract than that you did sign it). That would be difficult to achieve because you did sign it. The opposing lawyer could just ask you point blank: Did you sign this contract? And lying ...
3
Generally not
With very few exceptions, documents do not need to be witnessed to be valid even where there is a space for a witness to sign.
When you knowingly signed it you were making a legal declaration that you had read it, that you understood it and that you agreed to be bound by it. If you didn’t “pay attention to the content” then more fool you.
As to ...
2
The person who is blackmailed can file a criminal complaint. A random person who thinks there was a crime cannot. A person's lawyer especially cannot even anonymously tip off the police about bad past act of the client.
2
I realize this is Law SE and not Expatriates SE or Travel SE, but it might be helpful for the OP and other readers to sort out the various steps of police involvement in Germany:
Anybody can call the police if he or she thinks there is a crime or emergency.
Germany has separate numbers for fire/ambulance (112) and the police (110). The police dispatcher who ...
2
Are you “legally allowed to enter your workplace“?
Or are you legally allowed during normal work hours when the premises is open for business? Permission to enter can be conditional and a locked door is generally a big denial of permission.
However, let’s assume you have permission to be inside. Do you have permission to break in? That’s a question that will ...
3
The President has absolute immunity from civil and criminal liability for the consequences of his discretionary official policy decisions (as do all legislators at all levels of government, all prosecutors, all judges, and many top policymaking elected and appointed officials like Governors, Mayors, a cabinet secretaries). He cannot be prosecuted after he ...
5
can really anyone in Germany call the police on others without proof
of anything?
Anyone anywhere can call the police without proof of anything as long as they have a phone. The question is, what will the police do about it.
Police in Germany are more professional and less corrupt than in many countries in the world (e.g. they are much less corrupt than ...
4
The closest the Supreme Court has gotten to criminal liability for official acts seems to be Nixon v. Fitzgerald, 457 U.S. 731 (1982). There it addressed civil liability and held that the U.S. President "is entitled to absolute immunity from damages liability predicated on his official acts."
It's unclear how the Justices would decide criminal ...
0
No, not without consent
RCW 9.73.030 states, in relevant part:
it shall be unlawful for any individual...to intercept, or record any...[p]rivate conversation, by any device electronic or otherwise designed to record or transmit such conversation regardless how the device is powered or actuated without first obtaining the consent of all the persons engaged ...
3
The short answer is "yes".
There is U.S. Supreme Court authority that supports this position, In particular, United States v. Laub, 385 U.S. 475 (1967), Cox v. Louisiana, 379 U.S. 599 (1965), and Raley v. Ohio, 360 U.S. 423 (1959), stand for the proposition that a defendant may not be punished for actions taken in good faith reliance upon ...
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