New answers tagged criminal-law
0
votes
Why is the conviction rate in North America and Japan so high?
In the US, part of the reason is political and an outgrowth of the "tough on crime" culture.
Local prosecutors, as well as judges, are usually elected officials, and at reelection time, ...
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2
votes
Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?
united-states and other common law countries.
Suppose someone causes grievous injury or harm to someone but the
victim and accused later on reconcile voluntarily. Can the accused
still be prosecuted ...
- 167k
4
votes
Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?
germany
German criminal code explicitly states in §46 StGb that
the offender’s conduct in the period following the offence, in particular efforts to make restitution for the harm caused as well as ...
- 631
8
votes
Why is the conviction rate in North America and Japan so high?
united-states
What causes the conviction rate in North America . . . to be so high?
Relative to what? What would you expect the conviction rate to be?
The conviction rate in the U.S. is not ...
- 167k
21
votes
Why is the conviction rate in North America and Japan so high?
Japan's justice system is sometimes called hostage justice
In general, the Japanese justice system has a more than 99% conviction rate! In part, this is because the number of state attorneys is super ...
- 24.8k
8
votes
Why is the conviction rate in North America and Japan so high?
In the case of the United States, Plea Bargaining is an accepted practice and is not stigmatized against, such that prosecutors are likely to cut deals with defendant and charge them for lesser ...
- 20.8k
5
votes
Why is the conviction rate in North America and Japan so high?
In british-columbia prosecutors are directed to not bring a charge unless there is a substantial likelihood of conviction (or, in exceptional cases, a mere reasonable prospect of conviction), ...
- 19.2k
6
votes
Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?
switzerland
In Switzerland, and as far as I know in most civil law systems, there's the distinction between crimes that are prosecuted "ex officio" (by office) and those that are only ...
- 3,682
9
votes
Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?
england-and-wales
No. Reconciliation between victim and attacker has no bearing on the guilt of the attacker.
It may have a bearing on the decision to prosecute: A victim can be forced to testify, ...
3
votes
are all ex post facto laws or retroactive laws unconstitutional?
All ex post facto laws are unconstitutional in the United States. But, not all retroactive laws are unconstitutional in the United States.
An ex post facto law is basically a law that retroactively ...
- 167k
3
votes
Is a police chief charging me again for same cause of action previously dismissed selective prosecution?
Selective prosecution is when a defendant (1) is charged with a crime based on conduct that others are generally not prosecuted for; and (2) is singled out for an impermissible reason, such as race, ...
- 51.7k
1
vote
what does "force" and "criminal force" apply to in Indian Penal Code?
Can someone pointing an object which they might not bring into contact with them but which still distresses them count as force or assault?
This would be an assault, contrary to section 351 IPC:
...
- 31.9k
2
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Computer Misuse Act 1990 - Definition of unauthorised
To answer the headline question, unauthorised is defined by Section 17(8), Computer Misuse Act 1990 which states:
An act done in relation to a computer is unauthorised if the person doing the act (or ...
- 31.9k
0
votes
Computer Misuse Act 1990 - Definition of unauthorised
I don't have any information on how UK law handles these situations, but the united-states Supreme Court recently elaborated on the meaning of "authorization" in the Computer Fraud and Abuse ...
- 51.7k
0
votes
Under what conditions could a police force enlist the help of a minor?
In NYC minors need a work permit to work. They can’t work in a factory, they can’t work on cars, their working hours are restricted. So, mainly the kid has to fill out and get the correct paperwork ...
- 1,797
3
votes
Under what conditions could a police force enlist the help of a minor?
There are various ways in which a minor cannot assist a police investigation, and it might be useful to say in what ways any civilian could do so (TV shows notwithstanding). A civilian cannot conduct ...
- 190k
1
vote
Under what conditions could a police force enlist the help of a minor?
england-and-wales
Short Answer:
They must be a registered informant, with set parameters and only conduct agreed activities.
Long Answer:
For a juvenile (i.e. someone under 18 years old) to ...
- 31.9k
2
votes
What defences are available to a mandatory reporter who fails to report a crime?
It isn't possible to identify the "usual defences," because mandatory reporting offences are relatively new, technical in nature, and different in each jurisdiction. Also, they are usually ...
- 6,662
1
vote
What defences are available to a mandatory reporter who fails to report a crime?
england-and-wales
Although recent Report of the Independent Inquiry into Child Sexual Abuse recommended mandatory reporting for those offences, it has not (yet) been implemented.
The only, statutory ...
- 31.9k
4
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
canada
No prosecution for things that a person did while younger than twelve
First, if the act or omission happened while the person was under the age of twelve years old, the person will never face ...
- 19.2k
1
vote
What defences are available to a mandatory reporter who fails to report a crime?
There isn’t one
new-south-wales
Mandatory reporting has common law roots in the now obsolete crimes of misprision of treason and misprision of felony. These have been replaced in all states and ...
- 177k
13
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
In all U.S. jurisdictions (as a matter of constitutional law), if age was an affirmative defense to the crime when it was committed you would benefit from that affirmative defense at trial, even if ...
- 167k
1
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Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
Unsure if this is asking about the age of criminal responsibility, or if it's the age of criminal responsibility in U.S. Federal Law, then the child is not liable for the crime if they were not yet 11 ...
- 20.8k
21
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
germany
Defendants who are later accused of a crime committed when they were minor (under 18, or under 21 if the court finds that they had juvenile mental maturity) will be tried under juvenile rules.
...
- 11k
11
votes
Can underage people who commit a crime while underaged but are later charged with the same crime after turning 18 be tried as an adult?
england-and-wales
No. If they were younger than 10 (being the age of criminal responsibility) at the time then they do not commit an offence so cannot ever be arrested for it, regardless of how old ...
- 31.9k
1
vote
What defences are available to a mandatory reporter who fails to report a crime?
canada
The duty to report is created in provincial statutes relating to child welfare. E.g. British Columbia's Child, Family and Community Service Act, s. 14; Alberta's Child, Youth and Family ...
- 19.2k
0
votes
What is the age of consent in Indonesia? 15 or 18?
The site ageofconsent.net in the other answer is not a reliable source. It is completely wrong to say that there is an age of consent of 16.
Indonesia has a criminal code, which is in Dutch, not ...
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2
votes
Can someone be prosecuted for something that was legal when they did it?
In theory, if a law changed at midnight, Jan 1st, and you committed something that changed from non-crime to crime or vice versa, just around midnight, you could be prosecuted. The prosecutor would ...
- 30k
1
vote
Is Entrapment illegal by the officer committing it?
australia
Entrapment of itself, is not illegal
However, it is likely that in using entrapment, police may commit other crimes
The leading case on point is Ridgeway v The Queen. Unlike the US, evidence ...
- 177k
3
votes
Can someone be prosecuted for something that was legal when they did it?
In france, per article 112-1 du code pénal:
Sont seuls punissables les faits constitutifs d'une infraction à la date à laquelle ils ont été commis.
Peuvent seules être prononcées les peines ...
- 377
24
votes
Accepted
Can someone be prosecuted for something that was legal when they did it?
germany united-states
Yes, but only in some jurisdictions, and only under special circumstances.
What you describe is the retrospective application of a law that didn't exist when the action was ...
- 3,634
18
votes
Can someone be prosecuted for something that was legal when they did it?
mostly germany and european-convention-on-human-rights
This is covered by the legal principle nulla poena sine lege praevia (no punishment without prior law) or equivalently, the banishment of ex post ...
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4
votes
Is Entrapment illegal by the officer committing it?
It depends on where you are. In the US, entrapment is a defense to a criminal charge. There is a threshold question: is "solicitation" sufficient encouragement, there must be "...
- 190k
12
votes
Can someone be prosecuted for something that was legal when they did it?
canada
Section 11(g) of the Canadian Charter of Rights and Freedoms says that any person charged with an offence has the right:
not to be found guilty on account of any act or omission unless, at the ...
- 19.2k
30
votes
Can someone be prosecuted for something that was legal when they did it?
In the US usa, at least, the concept of ex post facto laws, which is what you have described, are specifically prohibited:
Article I, Section 9, Clause 3:
No Bill of Attainder or ex post facto Law ...
- 3,302
3
votes
Merchandise damaged prior to purchase
There are no special laws here
That is, the law is the same as if you broke anyone else’s stuff. Unless it isn’t - check your local statutes.
If you did it intentionally then that’s criminal damage ...
- 177k
4
votes
Accepted
Merchandise damaged prior to purchase
One analysis is in Bow Cycle & Motor Co. Ltd. v. Murray, 2006 ABPC 366, by Judge O'Ferrall (now Justice of the Court of Appeal of Alberta). The defendant sat on a motorcycle, positioned it fully ...
- 19.2k
4
votes
Would I be risking being guilty of destruction of evidence any time I clear data off my computer? where are the limits?
The relevant Maryland statute is MD. Criminal Law Code Ann. § 9-307 (2021), subsection (a):
A person may not destroy, alter, conceal, or remove physical evidence that the person believes may be used ...
- 29.9k
3
votes
Overseas ERP consequences
This is unlikely to give rise to criminal charges in the U.S., if the bare bone facts of the question are all that is involved.
It does not count as child pornography. But possible offenses might ...
- 167k
0
votes
If one is charged with a crime and then get acquitted, can they be awarded any costs?
england-and-wales
You may be awarded a defense costs order at what now seems to amount to legal aid rates.
Since LASPOA 2012 this has been massively curtailed but the curtailed regime has now been ...
- 4,673
0
votes
How far can cooperation between law enforcement and intelligence agencies go?
As far as the legal powers of the organisation(s) allow
By this, I mean that if what the DEA was doing was allowed under the laws that govern the DEA, and what the NSA was doing was allowed under the ...
- 177k
4
votes
If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]
Bob will be convicted if he is found guilty beyond reasonable doubt.
Now it is a logical fact that he cannot be guilty of both crimes, but it is entirely possible that his first conviction was ...
- 30k
0
votes
If one is tried+convicted of a crime at a certain time, can one be tried+convicted of another crime that happened at the same time? [Yakuza Series]
canada
The second charge/conviction would not be precluded, but the evidence that comes out could help the accused establish that the first was a wrongful conviction.
One could apply for review as a ...
- 19.2k
1
vote
Can two people be tried together?
There is another situation where a joint trial is relevant (I'm sorry I don't have a reference to this case: I encountered it years ago in a book by a retired Australian judge).
Defendants A, B, and C ...
- 607
2
votes
Accepted
How does a body corporate get sentenced for criminal offences?
canada
Corporations are subject to the monetary fines in the Criminal Code or relevant Act. See "Criminal Liability of Organizations: A Plain Language Guide to Bill C-45." Factors specific ...
- 19.2k
11
votes
Can two people be tried together?
In the U.S., one trial can be held for multiple co-defendants, though prosecutors and defense attorneys will have reasons for seeking separate trials (If only to avoid having a scene similar to the on ...
- 20.8k
2
votes
Can peer/societal-pressure count as witness intimidation?
canada
Witness intimidation is defined at s. 423 of the Criminal Code. Witness intimidation requires a specific purpose and also requires violence, threats, following, or similar physical acts.
...
- 19.2k
10
votes
Can two people be tried together?
canada
"Ordinarily, persons alleged to be involved in a common enterprise should be jointly tried." R. v. Anderson-Wilson, 2010 ONSC 489 at para 65.
There are strong policy reasons for this ...
- 19.2k
6
votes
Are underage people allowed to defend themselves in court?
Not only can children represent themselves, in the US, thousands have had to represent themselves in deportation trials without the option to have a lawyer. https://www.hrw.org/news/2016/03/14/us-...
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2
votes
Is one allowed to get someone's genetic information and use it without explicit permission?
In the United States, the Genetic Information Nondiscrimination Act (GINA) restricts employers and health insurers and employers from denying coverage, providing coverage under a higher premium or ...
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