New answers tagged criminal-law
3
Since the Gebrüder Grimm had studied law, they would have been familiar with the terms Notwehr (Self-defence) and Nothilfe (defence of others).
Since the witch was attempting to murder Gretel's brother Hänsel, II 20.9 §517 of the Prussian common law would have considered the method used as an appropriate means to prevent this murder by the young child.
...
-3
Hänsel and Gretel are minors in Germany in either 17th or 16th century. Which means that they are the property of their parents and they have no rights. Child labour on the fields from dawn to dusk is normal. Being married at Gretel's age and not having a word in it is normal.
Basically, they are things, not individuals. Seeing how their parents led them in ...
7
In Germany children below the age of 14 like Hänsel and Gretel cannot be punished for any crime. The prosecution should bring the entire situation to the attention of the family courts, which might opt for congregate care. This would be for their welfare, not as a criminal punishment.
If they were minors above the age of 14 or adults, they could try to ...
2
We have a case State vs. Norman where
a wife killed her husband while he was sleeping. At trial, she testified that the killing was self defense under battered wife syndrome, as it was provoked after years of physical and psychological abuse.
But,
the Court held that the wife was not entitled to self-defense as defendant was not in imminent fear of ...
12
In the UK, the key here would be the presence of evidence to back up Gretel's claim of self-defence mitigation, in the sense that she was motivated by the need to prevent a serious crime from occurring against her and her brother.
In the story, we learn that the Witch was planning to kill her brother
“Get up, lazy bones; fetch water, and cook something ...
75
Assuming U.S. Jurisdiction:
In the case of The People vs. Hansel and Gretel Holzfaller:
Ms. Gretel Holzfaller is charged with the following:
1 Count of Murder in the First Degree (Murder of Ms. Witch Hazel)
1 Count of Grand Larceny (Theft of precious metals and jewels from Ms. Hazel)
1 Count Petty Theft (Theft of Candy)
1 Count of Vandalism (Bite marks ...
4
High Crimes and Misdemeanors (the bigger category from which Abuse of Power was derived) was historically meant as a catch-all for any actions that could cause a peasant to believe that the monarchy was not morally/intellectually superior to the peasantry, and thus question the concept of Divine Right in early times, and the justification of the State and ...
11
No, abuse of power is not necessarily criminal
because abuse of power is a moral construct and something being criminal is a legalistic one.
And that the law and morals are only loosely related to each other has been shown time and time again.
However, a lot of specific types of "abuse of power" have been made illegal due to the fact that ideally law is ...
1
Given most websites only register nicknames and records declared identity based on faith: I just question who's banned?
Is it the nickname that is banned?
Is i the IP address that is banned?
How would website prove that it is same person registering a new account?
Video platforms and most websites don't even check that the person or action of clicking ...
18
The point is that an act need not be a crime for which the actor could be convicted in criminal court for it to qualify as an impeachable "high crime or misdemeanor."
So, abuse of power isn't necessarily criminal of itself, but even a specific abuse of power that is not criminal may be impeachable, Alan Dershowitz's arguments to the contrary notwithstanding....
28
No, abuse of power is not necessarily criminal
Imagine a judge that is “heightist” - they always rule in favor of defendants who are taller than 175cm and always rule against those who are shorter irrespective of the merits of the case.
This is clearly an abuse of power. It’s not illegal because “height” is not a category protected from discrimination (...
0
Understanding the relationship between client and server
MMOs and certain other games (Everquest, World of Warcraft, Diablo III etc.) are always-online client-server games, in which part of the game lives in the client, and part lives on the server.
If you've ever had World of Warcraft disconnect from the server, you know what I mean. You can walk for ...
answered Jan 22 at 21:17
Harper - Reinstate Monica
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0
This is a slimmed down version of "The Four Corners Murder" which posits that a person who is standing on the marker of the Four Corners (a singluar point where the boarders of Arizona, Colorodo, New Mexico, and Utah meet and is the only place where four states meet in such a manner in the U.S.) and is shot.
Typically, the scenario posits which state can ...
4
Violating terms of a contract is not a criminal act.
Criminal acts require violating a statute aka a law - but not just any law, the Criminal Code, which is one law book out of about twenty.
The vast majority of law books talk about fire exits, wheelchair access, car registration fees, stuff like that.
So to commit a crime, you must violate something ...
4
This is an example of an affirmative defense
In a criminal case, the prosecution must prove each and every element of the charge beyond a reasonable doubt. Where the law provides an exception that amounts to if you do X you commit a crime unless Y, the defense has to prove (to a lower burden) that Y happened.
An affirmative defense only kicks in if the ...
1
As stated above, this does (loosely) fall under CFAA law so would be considered against the law.
I guess a loophole would be to have multiple accounts on any website that states you cannot create "new" accounts once banned. This is obviously presuming only the one account was banned. You could then freely use one of the other accounts as you have not ...
5
Here's what I had to do :
After going through this harrowing phase, I thought I will post an update in case some one is in such a situation. The Northern Territory's Personal Violence Restraining Order act has a clause (section 21) which basically says if the applicant believes a third party knows the defendant's name then the applicant can request the ...
3
A warning is arguably often a form of threat (and visa versa). The words are close synonyms. A threat, however, is usually used only in connection with an action that has some sort of human (or at least, AI) agency, while a warning often made to alert someone to a mere natural consequence of an action with no human agency (e.g. a warning that an object is ...
18
As IllusiveBrian pointed out, this would only be a criminal matter by really stretching the definition of computer fraud and abuse to its limits.
But it might also be worth looking at the situation as a civil lawsuit. The user who accepted the terms of service and then violates them by creating a new account despite being forbidden from doing so according ...
44
In theory, such an action could be considered a violation of the Computer Fraud and Abuse Act, specifically 18 USC 1030 (a)(2)(C):
Whoever...intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any protected computer;
Where the relevant "protected computer" definition is in the same ...
3
This sounds like it would fall under the "extreme pornography" part of the Criminal Justice and Immigration Act 2008. Section 63:
(7) An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
(b) an act which results, or is likely to result, in serious injury to a person's anus, breasts or ...
2
The fact that the Oklahoma businessmen didn't reimburse you until you informed him it was a crime (because he didn't know it was a fraudulent charge) really means nothing. You recovered your loss, albeit by yourself. The bank covered the rest, like your earlier question: As a victim of debit card fraud, what are my legal options?
Few prosecutors will look ...
1
In U.S. law, double jeopardy is evaluated on a per sovereign basis. Each U.S. state, the U.S. federal government, and each country or region within a country with its own criminal justice system is treated as a separate sovereign for this purpose. So, a prosecution in the U.S. would not violate U.S. double jeopardy law.
There are other reasons that might ...
6
Why do you think the man is unidentifiable? He's the guy standing in the dock.
While a person's name is a handy shorthand for them; it's not their identity. Many people have several names and nicknames - this guy has none: he's still this guy.
1
Assuming the DA's office is unable to help and the person is still interested in putting their freedom at risk by providing evidence to the police, they could avoid submitting to questioning by providing a written statement or affidavit with the evidence they want the police to have. Police are looking for someone to arrest for the crime, so any contact ...
1
I would watch this video first.
According to the law professor giving the lecture, you cannot safely talk to the cops without a lawyer present. Innocence has nothing to do with it.
1
what can he do to protect himself when attempting to assist the police?
If the person of interest is completely innocent (not to be confused with naive), he only needs to be clear about what he knows and how he obtained that knowledge. Having special knowledge about a crime does not by itself trigger a detective's suspicions, but falling in contradictions ...
3
The best course would be to contact the public defenders office and explain the situation to their intake or consultation services. Remember, you don't have to be going to trial to avail yourself of their services and sometimes, helping cops makes the cops suspicious about you (it would not be the first killer who cozies up to the police to learn what they ...
0
So it looks like what happened is that the victims from the U.S. and Canada did offer testimony without physically appearing in Scottish Courts (gotta love technology) so they did contribute to the conviction in that way. What is likely is one of few things: A.) The U.S. and Canadian victims are satisfied with justice in Scotland and don't want to give ...
5
Multiple victims = multiple crimes
The victim(s) in the USA and Scotland are unlikely to be the same person(s) - a separate crime is committed for each event against each victim.
Double jeopardy is not applicable just as if the person had robbed a bank in the USA and another bank in Scotland.
Notwithstanding, double jeopardy only applies within the same ...
1
Double Jeopardy in the U.S. does have some exceptions to it, and this might not be impermissible in the United State. There's generally three exceptions, and I'll discuss from most common to least common. First, I'd like to clarify two things:
For my discussions the term "Event" will be used to indicate a specific alleged crime and will be specifically ...
2
No.
Quite obviously there should be no trumped up charges against a person that is being arrested. If we find that the police force, or certain police officers, are one specific police officer tend to claim that people being arrested "resisted arrest", when no such thing happened, then action should be taken against the police officers in question.
And ...
4
No
If the police want to arrest you your legal obligation is to submit and, if the arrest was a violation of your rights, pursue a legal remedy afterwards. You do not have a right to resist an arrest even if that arrest is without legal basis.
"Resisting arrest" is a specific crime with a specific definition. For example, in new-south-wales it is in s546c ...
1
Don is guilty of nothing, nor would anyone else be
Anyone who commits what would otherwise be a criminal act under duress is not guilty of that crime.
1
I decided to use google and found this lovely site:
https://www.theclever.com/20-billionaires-who-ended-up-in-jail/
Number eight on the list: Bernie Madoff.
Jeffrey Epstein supposedly had a wealth of $2 billion, so he didn't make it on the list. But he shows that having more than $800 million not only doesn't keep you out of jail, sometimes it doesn't ...
1
Given the number of Premier League players in the UK arrested and prosecuted for various relatively (to your example) minor criminal acts over the years, including driving under the influence of alcohol, speeding, assault, sexual offences etc, I think there would be no problem prosecuting them in the UK for murder.
Examples include:
Adam Johnson - jailed ...
1
A rich person can afford the most expensive defence lawyers. The most expensive defence lawyers can find evidence that a cheaper lawyer might miss. They should be better at finding previous cases that are beneficial to the case. They should be better at convincing a jury that there is doubt about your guilt than a cheaper lawyer. And the cheaper lawyer, ...
3
Maybe, maybe not. The answer is implicit in the restraining order, which I assume you have a copy of. If the wording is unclear, you can ask your attorney. The order will state the consequences for violating the order, so you have some idea what the risk factor is. A person may also petition for a new restraining order to include bill-paying, which may or ...
2
Isn't all fraud technically criminal, and whatever you can sue for
civil fraud could also be sued by the government as criminal fraud? Is
it just a matter of whatever the government decides to prosecute?
Criminal fraud (of which there are several types) and civil fraud (of which there are several types) are not always the same, although there is a lot ...
3
The essential elements of fraud as crime and fraud as tort are the same. The most important difference between the two is who decides to take action -- the victim in the case of a civil suit, and the government in the case of a criminal prosecution. The standards of proof are also different ("beyond a reasonable doubt" in the case of a criminal charge, ...
2
By federal standards, "crime of violence" is defined as 18 USC 16 as
(a) an offense that has as an element the use, attempted use, or
threatened use of physical force against the person or property of
another, or
(b) any other offense that is a felony and that, by its nature,
involves a substantial risk that physical force against the person ...
0
Any answer would depend on context. In the US, most of what would generally be considered violent crime is prosecuted under state laws, not federal laws. As you correctly point out, state laws may differ as to what is considered violent. However the FBI collects national statistics with a uniform definition which may help answer your question:
In ...
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