New answers tagged criminal-law
1
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Would an LEO asking for a race constitute entrapment?
As a retired LEO I have a few thoughts about this. Under the U.S. v Laub, Cox v Louisiana, and Raley v Ohio cases cited here, one would have to have act upon a "good faith reliance" from a &...
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16
votes
Accepted
Would an LEO asking for a race constitute entrapment?
The defense might be "entrapment", or might involve a slight different defense that would protect the drag racing driver.
Under the U.S. Supreme Court cases of United States v. Laub, 385 U.S....
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3
votes
Why isn't abortion premeditated murder?
canada
See Criminal Code, s. 223
A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not (a) it ...
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3
votes
Why isn't abortion premeditated murder?
england-and-wales
Because the law says so.
Firstly, killing an unborn child can never be murder. Murder requires killing a "person in being" which the courts have ruled does not include ...
- 9,121
2
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How exactly did Julie Sweeney commit an offence under s. 181 of the OSA 2023?
She was reckless as to whether someone would carry out the threat
While intent is an element under s181, an alternative element is recklessness. In English law, a person is reckless if they take an ...
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2
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Does a lawyer ever need another lawyer to represent themselves?
france
Does a lawyer ever needs another lawyer to represent themselves?
Yes, because certain judicial procedures require that the defendant (or plaintiff in a civil lawsuit) be assisted by a lawyer. ...
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1
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Is carrying a (lock) knife in the UK already considered as having the intention to commit a criminal offence?
No, because there is an allowance for work use:
It is a defence for a person charged with an offence under section 139 of the Criminal Justice Act 1988 to prove that he or she had good reason or ...
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3
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Is carrying a (lock) knife in the UK already considered as having the intention to commit a criminal offence?
Lock Knives are not Foldable Pocket Knives
R v Deegan [1998] 2 Cr. App. R. 121 CA reads:
We furthermore take the view that to construe the phrase "folding pocketknife" in any other way than ...
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8
votes
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Does a lawyer ever need another lawyer to represent themselves?
An attorney charged with murder can act as his own defense attorney. The right to represent yourself is protected by both statute, 28 U.S.C. § 1654, and the Sixth Amendment, Faretta v. California, 422 ...
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1
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Can a couple be charged for spending $120,000 deposited to their bank account in error?
germany
tl;dr: Under German law, this would probably not be a crime (though the couple would still be required to return the money, BGB §812).
Firstly, it would not count as theft (Diebstahl), because ...
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1
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Can attempted murder be a predicate crime in felony murder?
Can attempted murder be a predicate crime in felony murder?
The answer will depend on the specifics of a given state's felony murder provision. But, generally, felony murder can be predicated on an ...
- 65.7k
3
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Can brandishing a weapon constitute assault?
united-kingdom
The legal definition of assault is to put someone in fear of receiving violence or unlawful force.
The infliction of violent physical force begins at battery, proceeds through actual ...
- 2,765
1
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Can brandishing a weapon constitute assault?
california
In California the mere brandishing of a weapon may be a misdemeanor (CA PC 417). When brandished in front of law enforcement - becomes a felony. It is neither a "threat" nor an &...
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-6
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Can brandishing a weapon constitute assault?
No, brandishing a weapon is not a crime without reasonable belief that it could be used. If the weapon is used to place someone in reasonable fear of a battery, it is a crime.
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2
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Can brandishing a weapon constitute assault?
This will depend on the definition of criminal assault in the jurisdiction, but in many jurisdictions, criminal assault includes acts that threaten to apply force to another person.
E.g. Canada's ...
- 65.7k
-2
votes
Can attempted murder be a predicate crime in felony murder?
Many states have laws about murder for hire, and you would be guilty of one of those.
That is not participation in the murder or attempted murder of someone, so you would not be guilty of either.
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0
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Can attempted murder be a predicate crime in felony murder?
If your agent kills a bystander
Suppose you hired a knockoff Agent 47 (just much worse), and he is caught. We know from the photo in his pocket, that he was hired to kill Target A, but didn't get to ...
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-5
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A thought crime?
Making a threat is a crime. It is not just describing a crime.
The police have discretion and do not have to arrest. They could arrest you though. Your question seems to assume the threat is not a ...
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1
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A thought crime?
canada
We cannot predict how police will deal with that information.
But you have not described a crime known in Canadian law.
- 65.7k
4
votes
A thought crime?
There is a difference between thought crimes, speech crimes, and crimes involving speech.
In most reasonable jurisdictions, you can think about crimes as long as you want. By talking about them, you ...
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1
vote
A thought crime?
They will try to find out whether you really intend to do that. If so, and if they find some evidence (e.g. you just bought a gun), you might be charged for an attempted crime.
If they find that you ...
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12
votes
Accepted
Is it illegal to allow (verbally) someone to do action that may kill them?
germany attempted murder
StGB §211 dictates, that Mord (~murder) can be triggered by an act that is (among others) insidious or dangerous to the public. Allowing an unwitting person to drink poison is ...
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8
votes
Accepted
Is a user considered liable if its user accounts on social networks are hacked and used to post illegal content?
The hacker is liable and the owner of the account is not liable without fault. But, proving that the content was posted by a hacker and not by the owner could, as a practical matter, be difficult.
At ...
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2
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Can police break down your door for an unpaid fine warrant for a misdemeanor disorderly house?
Yes
Police are allowed to do anything they consider reasonably necessary to effect an arrest (with or without a warrant). That includes damaging property of the arrestee or a third-party.
Courts give ...
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