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Questions tagged [criminal-law]

For questions about laws related to crime. Please add a location tag if the question is specific to a particular jurisdiction.

Criminal law, as distinct from ¹, deals with the regulation of social conduct.

Where civil law generally compensates the plaintiff for damages caused as a result of misconduct, criminal law tends to be punitive.

Commonly, although a victim is required for criminal charges to be brought, it is not the victim that brings it, but the state. This reflects the notion that a transgression against the community, in addition to the individuals.

1. Civil law, in this case, refers to laws regulating private relations between members of a community, rather than the alternate

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"attempted murder" of a dead man?

This question inspired by an episode of a certain popular TV detective show. Mr Smith hates Mr Jones, and plots to kill him. Smith enters Jones' house, and shoots him in bed, while also setting up an alibi for himself. The clever detective quickly…
Pete
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Can you be punished for planning a crime and what constitutes "planning"?

I just read a different question here on Law.SE that asked something along the lines of "Would it be illegal to do XYZ? I want to do this, but I'm not sure if it's legal." So, that seems like a completely reasonable question and I don't think anyone…
Vilx-
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Is murder in Washington, DC pardonable by the President?

In most cases murder is a state crime. However, Washington, DC is not covered within any state's jurisdiction. My question is whether the President can pardon someone for committing murder if the crime took place within the geographical boundaries…
David Steinhoff
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Is it ever a good idea to volunteer for a "photo line up"?

Many years ago I was walking down the street when several patrol cars quickly pulled up, police jumped out and sternly stated, "Stop. Can I see some ID?" (with hands on guns/tasers ready for a chase). Naturally I stopped and showed ID. No problem.…
Scott
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How does the U.S. or Canadian government prevent the average joe from obtaining dimethylmercury for murder?

Arguably, using dimethylmercury is the perfect murder weapon as it is the hardest to trace since lethal symptoms occur only after 5 months on initial contact (rapidly absorbed through the skin), giving you plenty of time to get a new passport and…
NoName
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idea behind the concept of alibi; people are innocent until proven guilty

What is the idea behind the concept of alibi in a legal system in which people are innocent until proven guilty?
Jennik
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Can a judge assign a murder victim's paid counsel to represent her murderer?

A prominent Arkansas business woman hires her friend to represent her in a business dispute with an investor. 16 months later she is murdered. Her judge assigns her attorney friend to represent her murderer. Neither the attorney or judge tell the…
King James
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Death By 1000 Paper Cuts

If a person dies from 1000 paper cuts received from 1000 different people (none of whom intended to kill the victim - it is only a paper cut) and all the cutters are later caught, will each cutter be tried for murder?
gcor
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Can the conduct of a victim after the act has occured have any bearing on the guilt of the accused?

Suppose someone causes grievous injury or harm to someone but the victim and accused later on reconcile voluntarily. Can the accused still be prosecuted for the act? Specifically in jurisdictions where states can take cognizance of an offence…
user49663
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Can we prosecute a person who confesses but there is no hard evidence?

If there is an individual who has acted in a gruesome manner and murdered another individual, can he be prosecuted even if he confesses to the crime but there is no evidence whatsoever, not even circumstantial? The individual provides vivid details…
Suddhasattwa Ghosh
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What crime did Walter White commit against Jane in Breaking Bad?

In an episode of the famous series Breaking Bad, the main character, Walter White, is responsible for the death of Jane, the girlfriend of Jesse. The main question is, from a legal point of view, how much is he responsible for this? Is this a…
Ruggero Turra
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Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?

I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston. Vast amounts of information are spewing forth from the news media, some of which will undoubtedly be true, some…
WS2
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When stolen property is illegally seized, must it be returned to the party which stole it?

Consider this recent ruling: U.S. Supreme Court rules against police over motorcycle search In it, the court ruled that the police unlawfully searched a stolen motorcycle parked on private property in Virginia because they did not have a…
Andrew Jay
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Does "furtherance of a crime" exception to attorney–client privilege apply if the attorney is unsure?

If a lawyer suspects that a client shall commit an imminent crime, then attorney-client privilege ceases and communication is not privileged. But what if the lawyer is unsure whether the crime is about be committed? For example, consider this…
user89
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What criminal laws apply only to certain sectors of the populace on account of their biology?

I realise that laws vary by country and by jurisdiction within a country. I would therefore invite answers according to the preference and expertise of the person answering. If I have to specify more narrowly then I will restrict my question to…
chasly - supports Monica
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