New answers tagged criminal-law
1
Are celebrities subject to the same laws as poor people such as,
let's say, not paying taxes or any other equal-level crime?
Yes. Sometimes laws are enforced less harshly as a matter of law enforcement, prosecutorial and judicial discretion against the rich, famous and powerful, than the poor, but they are subject to the same laws and the authorities have ...
1
NOTE: While I have been very critical of the initial wording of the OP, since the ammended version is acceptable and the poster has not reverted the edition, I will try to answer it.
In general, in most Western countries, the law is equal for everybody1. But that does not mean that every criminal is equal. For the purpose of example let's use Cristiano ...
2
A person cannot be arrested for a misdemeanor by a police officer without a warrant unless the officer has probable cause that a person committed a misdemeanor in their presence. "Probable cause" is when the facts objectively support a belief that the person has committed a crime. If there is a total lack of evidence, then there is no probable cause or even ...
1
Yes, the State of Georgia has laws regarding data retention in terms of public records, but the article doesn't nearly have enough information to answer the 2nd half of your question. Different kinds of public records are subject to different periods of time they are required to be kept available. Here's a list of them.
One issue is that just by reading the ...
2
Maybe
The anti-stalking law in North Carolina is § 14-277.3A. Stalking.. The provision making certain conduct illegal is subsection (c) (subsection (a) is a preamble giving reasons for tha law, and (b is a definitions section). Subsection (c) reads:
(c) Offense. - A defendant is guilty of stalking if the defendant willfully on more than one occasion ...
1
Chinese citizens have the privilege of free speech
The Chinese legal system is from a completely different tradition to the Civil and Common law traditions that trace their roots to Roman and Germanic law. Over the past 1500 years, these systems have gradually been asserting that the sovereign is subject to rather than above the law.
Chinese law on the ...
1
In at least some US states (I suspect most or all of them) this would be attempted murder. This page from US legal quotes the law from Illinois as typical:
§ 720 ILCS 5/8-4. Attempt
Sec. 8-4. Attempt. (a) Elements of the Offense. A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a ...
3
It's still banned
The fact that the Dragunov isn't actually a variant of the AK-47 doesn't matter. What the law essentially says is this:
"Ban the AK-47, it's variants, except for these few, but also ban [huge list of guns.]"
The key phrase in the statute is
But including the...
Which implies the following weapons, while banned, may not be strict ...
3
Without getting into the merits of the legislation, the short answer is that the existence of a false statement/factual error in the law has no effect on the law.
The legislature has essentially used a term to explain which firearms are prohibited, and then it defined that term. Sometimes the legislature's definition will generally match the definition used ...
1
In Washington State, "cause of death" is part of a Vital Record under RCW 70.58, specifically a death certificate. RCW 70.58.170 says who may file a death certificate: "The funeral director or person having the right to control the disposition of the human remains under RCW 68.50.160 shall file the certificate of death or fetal death". That person
shall ...
1
A thing that is not owned by anyone is said to be Res nullius (no person's thing). When a person captures, seizes, or takes into his or her possession such a thing, that person is said to "reduce it to possession". This refers to the act by which it becomes that person's legal property. Subsequently it is one of that person's possessions.
This phrase is an ...
0
I would have to disagree with Mowzer.
Does the Coroner/Medical Examiner have the final say on cause of death? YES. The trial judge (or jury) have NO say in the cause or manner of death. The state constitution provides jurisdiction to either a medical examiner or coroner (depends what system the state uses) to submit to state vital statistics agency the COD/...
1
The Theft Act 1968 replaces the Larceny Act 1916, which replaces in part the Larceny Act 1901, ad nauseum. In the current act, the exception is accomplished in the definitions section. Redefinition is a device commonly used by legislatures to clarify intent, where traditional wording does/did not express the desired prohibition. In addition, a special ...
1
I cannot provide a reason based on English law, but possibly the explanations provided for the former (until 31.12.1974) German law may assist.
The concept was called Mundraub (Wikipedia, German and Norwegen only).
petty theft (of food) is a colloquial term and no longer used by German law, which had the theft or misappropriation of food or beverage or ...
0
Why does s 4(3) count this out as theft?
Because it does.
Statues that say X is a crime except if Y are very common.
Why the drafters of the law decided this is off-topic for this site. If I had to guess, it’s probably because collecting wild food was considered a common law right.
1
Offences Against the Person Act 1861
yet section 47 is, in at least one respect, the narrowest offence of the three,
Section 47 is a general clause aimed to cover all areas not covered elsewhere
the punishment is less than in Section 18
Section 20 contains the word grievous
while section 18 is, in at least one respect, broader than ...
6
united-states
Under US law, any citizen may hold a person caught in the process of committing a felony (which kidnapping surely is) for the police. A soldier has no special authority. Indeed under the Posse Comititas Act, the military has more restricted authority in such matters than citizens in general. However note that the book doesn't say the soldier ...
-1
A legislative body is a group that convenes to vote and pass laws.
Firefighters are not a legislative body, but a board of commissioners that oversees a fire department is.
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