New answers tagged criminal-law
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Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?
The word intimidating is in the Act and the cartoon is about intimidation and threat although it is comics. Incredible how more liberals were at those times than media these days.
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UK law: party to conspiracy to pervert justice?
Knowledge of a crime is not a crime
At common law, if you know a crime has or may have been committed, you have no obligation to report it. Statutes may impose such a duty such as mandatory reporting ...
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-3
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What is actually the difference between a *crime* and a *civil wrong*?
Here's the only sensible way to define and defend these terms:
A crime is an act (not of omission) that goes against the Law.
A civic case is a disagreement between two parties where no Law has been ...
2
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UK: perverting the course of justice and employment tribunals
In 2006, an employee of a Scottish taxi firm brought a claim for unfair dismissal against the owner. She complained that he had sexually harassed her. His response was to dismiss her. She had no ...
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2
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Laundering between different jurisdictions
"Money" doesn't go to prison.
Using money whose source has been concealed in the U.S. is what the crime of money laundering is. Money hasn't been laundered until you try to pass it off as ...
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4
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
Even though the definition is just part of a draft, there is precedent for the definition in Texas law.
Section 71.0021(b) reads:
(b) For purposes of this title, "dating relationship" means ...
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2
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What is punishment (if any) for making another adult involuntary intoxicated with alcohol, no other actions and injury, USA?
There is not a uniform treatment of this act under US law. Although it could fall under the broad rubric of the common law tort of assault, that does not necessarily translate to the crime of assault, ...
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8
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
To some extent it depends upon how the issue presents procedurally.
One way it could present is that the conviction is put into a gun purchase background check database, the convicted individual ...
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14
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
The court decides and there is precedent
This type of definition is very common and the legislative intent is to give the court discretion to decide whether the particular relationship in the ...
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24
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Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?
The cartoon may call back to events of 1795, where George III had stones thrown at him while he was on his way to the State Opening of Parliament. In response, the government - headed by Pitt the ...
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7
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How are plea bargains legal?
The constitutional provision quoted in the question has been interpreted to require that a jury trial be available to a person accused of crime by the US Federal Government. Then accused is free to ...
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2
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How are plea bargains legal?
You seem to be suggesting there's a problem because plea bargains don't involve a jury. But the constitution doesn't require a jury to support a conviction; it only requires a jury to adjudicate the ...
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2
votes
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Is knowledge of someone owning a firearm enough for police action/prosecution?
Yes
Most police investigations start with a report of suspicion of illegal activity from the public.
Whether a particular report gets acted on and what action the police will take is up to them.
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1
vote
What capital offences were repealed in Canada as of 2022?
No such crimes exist (with the possible exception of some pre-1950 military offenses punishable by death then, that ceased to be military offenses).
There are really two ways such offenses could exist....
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0
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Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?
Yes, J & K had to wait roughly 1 year more for decriminalisation of 377.
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Can I be charged for murder if I throw peanuts at someone who has a severe peanut allergy and they die as a result of that?
oregon
In Oregon, Under Some Circumstances
The law on criminal homicide is complicated, but the factors that apply include:
The degree of criminal culpability (intentionally, knowingly, recklessly, ...
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1
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Is it criminal to threaten suicide, or to have thoughts of suicide?
suicide and homicide are both criminally illegal
This is incorrect: according to the LII article "Suicide" :
Suicide is no longer considered a crime in the United States; however, some ...
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2
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If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?
Bir Tawil has no settled population, but members of the Ababda and Bishari tribes pass through the region. Both are nomadic Sunni Muslim people with very traditional worldviews. Their de facto control ...
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3
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If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?
Many countries have ratified or at least signed the statute of the International Criminal Court, also called the Rome Statute. It defines Universal Jurisdiction for a set of severe crimes. Suspects of ...
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If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?
Make a list of all countries in alphabetical order, then check for each country if according to their laws they’d want to prosecute this crime. If you find one or more countries where the answer is “...
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If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?
Unfortunately, this is an impractically humongous research task, since it involves researching the legal systems of hundreds of jurisdictions, many of which are very difficult to research (for example,...
- 160k
2
votes
Accepted
A dual civil lawsuit & criminal case
Can one have a case in which an employee for a company performed an
act in malice that caused injury to a party.
Then that party puts forward a criminal case against the employee (for
jail time), but ...
- 135k
-2
votes
A dual civil lawsuit & criminal case
It seems unwise
An employer is vicariously liable for the actions of an employee unless they are on a frolic of their own. Engaging in criminal behaviour that the employer neither authorised nor ...
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