50

It appears you want to go for a defense strategy based on a self-defense argument. This won't work in many jurisdictions, because self-defense usually doesn't apply when you intentionally caused a situation where you knew you would have to harm someone in self-defense. Similar case: Bob regularly mugs old women in the park by threatening them with a gun. ...


36

Applying the Model Penal Code, which is the law in most of the United States: By requesting that A kill B, you are guilty of soliciting murder. By reaching an agreement with A to pay to kill B, you are guilty of criminal conspiracy. Because A attempted to kill B, he is guilty of attempted murder. Because you solicited that attempt, you are an accomplice ...


14

In New South Wales, Australia a getaway driver is a “principal in the second degree” new-south-wales Under s345 of the Crimes Act 1900: Every principal in the second degree in any serious indictable offence shall be liable to the same punishment to which the person would have been liable had the person been the principal in the first degree. So, they can (...


11

Not returning a payment made in error may amount to theft. s.5(4) of the Theft Act 1968 covers this scenario: Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be ...


10

Summary: A transcription of a "faithful" to-the-letter recorded performance of a public domain work is not copyright infringement. However, once there exists original changes to the underlying composition, the transcribers are infringing copyright in all but the most trivial cases and are in for an uphill legal battle. Caveat 1: I'm mainly ...


8

defend myself by killing the hit man. What crime(s) have I committed? Generally it would be manslaughter or [1st or 2nd-degree] murder, depending on whether premeditation can be proved. Justifiable homicide is ruled out because the client had the alternative of rescinding the agreement—perhaps subject to agreed constraints on reimbursement—as soon as he ...


8

Speaking in very general terms, the law of England and Wales allows for the recovery of payments made by mistake. See, for example, Virgo, The Principles of the Law of Restitution (2015) at p 157: A claim to recover money mistakenly paid by the claimaint to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the ...


5

The standard is this, from Teague v. Lane: If a case announces a “new rule,” an opinion by Justice Sandra Day O’Connor said, the new rule will apply to all cases pending on direct review; but in most cases it will not apply to cases already final. There are two exceptions: First, a “new rule” will apply retroactively if it is “substantive,” ...


5

Firstly, there is no jurisdiction in the US where rape is a potentially capital crime, and murder is not - so you are discussing a hypothetical (and rather implausible) jurisdiction. Given your jurisdiction is hypothetical, you can make the law be what you would like. Secondly, duress is accepted in almost all jurisdictions as a defence to a charge of ...


4

As a defendant, one can argue almost anything in defense of one's self and one's case, as long as one (as a pro se defendent, or one's legal representation) is truthful (see Officer of the court - Wikipedia). There is no legal barrier to any argument or framework of an argument, be it religion or philosophy when one is arguing a case. (But there are limits; ...


4

Legally your daughter is a US citizen How you go about demonstrating that is not a legal question, it’s a question about bureaucratic processes and off-limits for this site.


4

Probably not There have not been many cases in this area of the law, and those have mostly dealt with "deep linking", particularly cases where a person knowingly linked to a page bypassing a login or introductory page, when the site was so designed that ordinarily a visitor could only get to other pages by going through such a log-in or intro page. ...


4

In English law there are no limits to the number of people that can be considered to have primary or secondary liability under the common-law principle of 'Joint Enterprise'. So-call 'Secondaries' (for example getaway drivers) can be charged alongside 'Primaries' (the robber/s themselves) and receive the same sentence, although a cursory look at cases would ...


4

At what point is unsolicited explicit material considered harassment? How do the advertisers have the right to broadcast something that I would definitely bring up to HR if I heard a coworker say? The contexts are too different. One cannot expect much similarity on how the unsolicited explicit communications are addressed. On platforms such as Youtube the ...


4

The main documents* needed to overcome money laundering regulations etc when opening a bank account are a passport and/or driving licence. Both have multiple anti-counterfeit safeguards so gone are the days of creating your own, and master forgers are the remit of organised crime groups. By far the easiest way is to get a Fraudulently Obtained Genuine ...


4

washington Under the laws of Washington State, USA, a dog can be considered a deadly weapon. See State v. Hoeldt, 139 Wash. App. 225 (2007). Hoeldt allegedly released a dog which attacked a police officer, and was convicted of second degree assault with a deadly weapon. He appealed, claiming that a dog was not a weapon for purposes of the assault statute. ...


3

This happened recently in Washington state, when the state Supreme Court ordered the state government to comply with a constitutional funding mandate (McCleary v. Washington, 2012). The state did not comply for 6 years and was fined ($100,000 per day) for 3 years. I don't recall that the state paid a penny, and the courts did not demand payment of fines for ...


3

It isn't that uncommon to do something similar to this, which is called a "test case". One of the more familiar examples of this kind of litigation conduct is the case of Plessy v. Ferguson. There have been test cases, for example, that involved important questions of E.U. jurisdiction in civil law countries as well.


3

Probably Not australia From the Uniform Civil Procedure Rules 13.4 (1) If in any proceedings it appears to the court that in relation to the proceedings generally or in relation to any claim for relief in the proceedings-- (a) the proceedings are frivolous or vexatious, or (b) no reasonable cause of action is disclosed, or (c) the proceedings are an abuse ...


3

Intent is an element of the offense of murder. If the prosecution can't prove the required level of intent for murder, the defendant may still be convicted of a "lesser included offense" like Manslaughter or perhaps Criminally Negligent Homicide, or even an offense that doesn't require an actual death like Aggravated Assault or an offense that ...


3

RCW Chapter 26.44 covers abuse of children, and RCW 26.44.030 1(a) states the duty to report: the reporter "has reasonable cause to believe that a child has suffered abuse or neglect" – the law doesn't say "a child is currently suffering abuse", it say "has suffered". But then: subsection (2) says: The reporting requirement of subsection (1) of this ...


3

I don't think that's an accurate interpretation of the statement. The key difference between the two scenarios is the defendant's legal assessment of who owns the necklace. In the first he thinks he is the owner and can claim mistake of law; in the second, he he thinks someone else is the owner, so he cannot. To say he believes "the law allows for someone to ...


3

The answer by @Digital fire is not always correct. Some states have passed general-purpose "duty to rescue" statutes. The one I've been trained about is Vermont's (Cite as: 12 V.S.A. § 519) § 519. Emergency medical care (a) A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered ...


3

So-called AI software does not enjoy a special legal status (at present: one never knows what new law might be added). The question of whether any software can be distributed "safely" or "responsibly" is also not a legal issue. Nor is "true sentience" a relevant consideration, and nothing is guaranteed. When you distribute software of any kind, there is an ...


3

In the USA, you must be found guilty "beyond reasonable doubt". As you describe it, I'd say there is an unreasonable suspicion of guilt, not guilt beyond reasonable doubt. If the magician killed three people that way, then three unexplainable deaths following three spells might get him convicted. A jury might say that even though there is no way to explain ...


3

Well, others have covered conspiracy and incitement to murder, I’d like to touch on another angle. So, ignoring those charges, you still aren’t home free. So, let’s give a little hypothetical background to take away some of confusion. You meet someone who shares the fact that he is a hitman looking for his next job, you say you have been out of a job for ...


3

§145d StGB makes it illegal to pretend that a crime did happen or will happen, but only if one deceives the police or a similar agency. It is also a crime to deceive about the participants of a crime. Pretending to have been sentenced and presumably to have been released after serving a sentence does not quite fit that law.


3

This sounds a bit far-fetched. There are laws against circumventing copy protection measures (DRM) but not against aimbotting (to the best of my knowledge). Thus, you cannot reasonably believe that a click-assist functionality would be used to break laws. It could definitely be used to break private contracts such as an EULA, but you are not a party to that ...


3

Illegal to write? No. Notwithstanding the First Amendment which would almost certainly make a law prohibiting it illegal, writing such things is an essential part of an IT security professional’s toolkit. You can’t protect against worms if you don’t know how they work. Illegal to distribute on an unauthorised computer? Absolutely. This would be a clear ...


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