Criminal Law

Crime and Criminal Law is the place to ask and answer questions about law violations and arrests. It is not for asking how to commit a crime. Questions here will help you understand how criminal law works and what happens when and if you commit a crime.

Asked in Car Batteries, Repossession, Criminal Law

Can criminal charges be filed when a repo man attempts to take your car and hooks the car to the wrecker and moves the car while your kids are still in it?

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Depending on the state, it can be downright illegal to repo your car if you object, unless it is by a sheriff (see: New York). In almost all states, it is illegal to tow a vehicle with someone inside it. A court order would be necessary to deal with such a repossession. No matter what, you aren't keeping the car, you're just delaying the inevitable you signed onto something you couldn't afford. It likely a criminal to tow (leave the scene) the vehicle while the kids are in it. Hooking up to it is probably not, loading it on the truck, possibly may be, but towing it while they are inside, at least in Texas, would likely be considered kidnapping if they left with your kids, and/or child endangerment. However, when the police show up they are going to tell you to get your kids out of the car, or remove them and hand them to you. Your failure to remove them when told to do so may subject you to some violation of the law.
Asked in Holocaust, Criminal Law, Cyberbullying, Suicide Warning Signs, Statistics, and Prevention

Why is it illegal for people to kill themselves?

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The ending of one's own life is not illegal in all countries. Under common law, many courts have long recognized the right of a competent adult to consent to or to refuse medical treatment. The moral issue surrounding suicide/euthanasia is an ongoing issue that may never be settled. With the current exception of two states in the U.S., Euthanasia falls under the murder provisions of the criminal Code which prohibits the deliberate and intentional killing of another human being. There is no special provision for it as a special category of murder based on a motive of compassion. Suicide, however, is not a criminal offense when completed properly and without proven assistance from a second party. ADDED: Historically, in the United States, various states listed the act as a felony, but all were reluctant to enforce it. By 1963, six states still considered attempted suicide a crime (North Dakota and South Dakota, Washington, New Jersey, Nevada, and Oklahoma that repealed its law in 1976). By the early 1990s only two US states still listed suicide as a crime, and these have since removed that classification. In some U.S. states, suicide is still considered an unwritten "common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme Court in Wackwitz v. Roy in 1992.) As a common law crime, suicide can bar recovery for the family of the suicidal person in a lawsuit unless the suicidal person can be proven to have been "of unsound mind." That is, the suicide must be proven to have been an involuntary, not voluntary, act of the victim in order for the family to be awarded money damages by the court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or hospital) for negligence in failing to provide appropriate care. Some legal scholars look at the issue as one of personal liberty. According to Nadine Strossen, President of the ACLU, "The idea of government making determinations about how you end your life, forcing you...could be considered cruel and unusual punishment in certain circumstances, and Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy." In many jurisdictions medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment. See "Related links" below for more in depth viewpoints
Asked in African-American History, Criminal Law

What does red on the rap sheet mean?

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********** A "RAP Sheet" is a Record of Arrests and Prosecutions. In most cases color (i.e. Red) is used to draw the terminal operator's attention to a specific area of the report. There is no standard color coding… and a recorded printed on a B&W printer wouldn't show colors anyway. The idea that red means a criminal background makes little sense, since the entire record is a "Record of Arrests and Prosecutions".
Asked in Criminal Law, Property Law, State Laws

What value constitutes grand larceny in Maryland?

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Maryland does not use the term "grand larceny" or "grand theft." Rather, specific punishments are set based on several different value ranges. The lowest is Theft under $100. It is a misdemeanor and carries a max sentence of 90 days in jail and/or a fine of up tp $500 Theft under $1000 dollars is also a misdemeanor. 18 months and/or $500 Theft between $1,000 and $10,000 is a felony. 10 years and/or $10,000 Between $10,000 and $100,000 is a felony. 15 years and/or $15,000 More than $100,000 is a felony. 25 years and/or $25,000
Asked in Television and Video, Internet, Criminal Law

What is the video '3 Guys 1 Hammer'?

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"3 Guys 1 Hammer" Also known as the Dnepropetrovsk Killers/Maniacs. This is a real brutal SNUFF (murder) video that has been circulating the Internet about 3 Ukrainian/Russian teenagers who beat a man to death with a hammer, stabbed him, tortured him and pulled out his eyes with a screwdriver. YouTube has pulled it off their site - as have many others websites. It is the most graphic, violent and evil thing to see. You are watching a man being killed and actually die on video. Don't watch it; there are some things that don't ever need to be seen. It cannot be erased from your memory. The names of the Dnepropetrovsk killers are: Igor Suprunyuck, Viktor Sayenko and Alexander Hanzha. The 3 defendants (sociopaths), who proudly made this evil video and others of themselves murdering people, were found guilty on February 11, 2009, of murdering the man in the named video - as well as 20 others - attacking 29 people in all "for their fun" in the span of less than a month between 25th June - 16th July 2007. The victims ranged from a 14-year-old boy to women to elderly cancer patients. Suprunyuck and Sayenko were sentenced to life imprisonment; Hanzha received nine years in prison for these indiscriminate killings. Click on the Related Link below to read more about these horrendous crimes.
Asked in Criminal Law, Pertanyaan dalam Bahasa Indonesia

Fungsi hukum pidana dalam masyarakat?

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hukum pidana berfungsi sebagai pengendali kejahatan yang dibuat oleh manusia.hukum pidana juga berfungsi sebagai penegas atau sebagai penerapan sanksi bagi hukum lain, seperti hukum perdata dan administrasi.
Asked in Criminal Law, Civil Rights

What is an Endorsed Warrant?

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A warrant will be issued on to an accused. The police pick up that individual and then they have the option of having the warrant endorsed to allow them to release the accused on a police issued process to promise to appear in court on a future appearance. There is a section in the original warrant labelled 'Endorsement of Warrant". This section is then signed.
Asked in Mental Health, Divorce and Marriage Law, Criminal Law, Stalking

Can a spouse be accused of stalking?

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Yes, they can depending on the circumstances. ********* If the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person, then yes a spouse could be accused of stalking. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances. In some states there is also a requirement that the person accused of stalking knew or should have known that his/her actions were likely to cause fear in the "victim".
Asked in Criminal Law

What is major crime reporting?

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You may be referring to the Uniform Crime Report (UCR) statistics compiled by the FBI from statistics gathered from law enforcement agencies nationwide. See below link:
Asked in Criminal Law, Acronyms & Abbreviations, Computer and Internet Fraud

What does BW stand for as a criminal charge?

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It possibly stands for bench warrant. In UK it does it is normally issued when someone fails to turn up in court and can be issued either with or without bail.
Asked in Criminal Law, State Laws

What is the definition of capital murder?

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"The unlawful killing of another human being without justification or excuse." This is potentially the law of Arkansas. I don't know. However, capital murder varies greatly by state. Typically, it is premeditated killing. Then, the jury can decide in sentencing whether they should punish with the state's 1st degree murder non-capital or their capital. There is typically no real definition and it is just a crapshoot.
Asked in Criminal Law, US Constitution, Capital Punishment

Which US states currently have the death penalty?

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As of July 2011, the following 34 states have capital punishment statutes: Alabama Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Indiana Kansas Kentucky Louisiana Maryland Mississippi Missouri Montana Nebraska Nevada New Hampshire North Carolina Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Texas Utah Virginia Washington Wyoming Also: United States Government (federal law) United States Military Sixteen states and the District of Columbia have abolished the death penalty as of July 2011.
Asked in Criminal Law, Police and Law Enforcement

Why would a US Marshall arrest someone instead of a police officer?

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THE US Marshal appointed for a particular district is unlikely to arrest someone themselves. It is a politically appointed position who is not required to have law enforcement experience. However, a DEPUTY US Marshal is likely to make arrests. They might arrest someone rather than a police officer if it is for a violation of federal law. For example, the US Marshall's service is responsible for federal prisoners and tracking down those who are wanted for federal crimes and those who escape federal custody. a Deputy US Marshal might arrest someone if the person had a federal warrant, if the person fled the state jurisdiction in which they committed a state offense, or if the Deputy Marshal was assigned to a multijurisdictional task force of agents and officers who are charged with apprehending violent fugitives (Fugitive Investigation Strike Team, for example).
Asked in Criminal Law, Property Law, Landlord-Tenant Issues, Extradition

How long can a courtesy hold for extradition last?

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Not familiar with the term "courtesy" hold. If you are held for extradition as a fugitive from another state, there is no "courtesy" about it. It's simply "the law." ********** "Courtesy hold" is a common term to those familiar with the law. It means that a person is being held as a courtesy to an agency in another jurisdiction. This is common for example with the US Marshals when they arrest a person in one jurisdiction and have them held in a local jail until they can be transported. The exact length of time varies from one state to the next, but it is normally 7 - 10 days (enough time to arrange extradition paperwork and transportation).
Asked in Criminal Law, Local Laws, State Laws

Are expandable batons illegal in NY?

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Under Education law, s. 6435 and Penal Law, s. 265.20, NY Code (effective after the 2013 legislative session), it is illegal to carry any baton [billy] "which is twenty-four to twenty-six inches in length and no more than one and one-quarter inches in thickness" unless you are a private college security officer, certain auxiliary police, or are: "1. . . . employed in fulfilling contracts with New York state, its agencies or political subdivisions for the purchase of billies or blackjacks; or 2. . . . employed in fulfilling contracts with sister states, their agencies or political subdivisions for the purchase of billies or blackjacks; or 3. . . . employed in fulfilling contracts with foreign countries, their agencies or political subdivisions for the purchase of billies or blackjacks as permitted under federal law." Carrying a baton is criminal possession of a weapon in the 4th degree, a Class A misdemeanor.
Asked in Law & Legal Issues, Criminal Law

Is murder legal anywhere?

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Societies have sanctioned murder (pursuant to a death penalty) when committed by a government. Although justification for such killings is commonly advanced by claiming a retributive purpose (this reasoning goes back to biblical times), it is a form of profound denial to claim they are completely free of "malice aforethought". Attempts to legitimize such killings through social consensus do not negate their moral status as murder. There is no question that such killings are "deliberate and premeditated." The universally experienced discomfort connected with killing another human being has yet to be fully owned up to in the few jurisdictions where the death penalty is legal. Killings associated with war are similarly excused as something other than murder. At its core, the distinction is conceptual and illusory. Remember, murder and killing are distinctly different legal concepts. Killing is causing the death of another person. Murder is a legal definition of certain types of killing. By definition, an illegal killing is murder, and thus, murder is always illegal. Virtually all known societies have situations where killing is perfectly legal: such situations can depend on a great deal of variables, from the "who did" the killing, do "who was" killed, to the actions of either at the time of the killing, to other conditions in force at the time of the killing. All of these circumstances must be collected together to determine if a killing is murder or not. If the killing is deemed illegal, then it becomes murder. Thus, murder is never legal anywhere.
Asked in Criminal Law, Property Law, Local Laws

What does non criminal local charge mean?

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Relying solely on the info given in the question - it sounds like it means that the charge has to do with a violation of some type of non-criminal municiapal ordnance. Generally a municipal or county ordinance or some type of civil infraction. It is considered local because not all surrounding areas will have the same law. ie. something that is against the law in a county but not prohibited by state law.
Asked in Banking, Criminal Law, Houston

What is the purpose of a forgery?

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To make buyers believe they are getting an original work of art --------------------- Also, forgery is a crime and all countries have laws that prohibit citizens from indulging in such activity. People involved in forged activities can be jailed and fined heavily by the law. To be simple: Forgery is an illegal activity and should not be done.
Asked in Criminal Law, US Constitution

What does criminal case aging mean?

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It means that it has been on the courts docket for quite some time and is beginning to "age out" as the deadline for the requirement of "speedy trial' approaches.
Asked in Criminal Law

What is the meaning of officer-in-charge?

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Officer in charge is just a general term used to describe the officer who has authority over a specific situation. It can refer to many thing - an officer in charge of a specific criminal or traffic case, the officer who is in charge of a division's station house at a specific point in time, or even a command officer in charge of a specific event. This term does not reflect or describe any one specific rank.
Asked in Criminal Law

Where is Graham pressley now?

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Graham Pressley was released from the California Youth Authority in 2007 and then testified against Jesse James Hollywood in 2009, helping the prosecution get their coviction.
Asked in Criminal Law, Warrants

What does other offense mean?

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The phrase "other offense(s)" can mean several things - chiefly they probably refer to any/all other crimes which the defendant may have been charged other than the principle one he is being prosecuted for.