1. citizen's arrest. citizen can arrest someone they feel has done something wrong
2.What would happen if some criminal managed to find a loophole?
he can still be sued in civil court
judge can then create a new interpretation of the law
3. Should the courts be able to recognize a new crime to fill the gap?
yes
they can do it case by case basis meaning if it happens they can punish it each time
or
judge can create a new interpretation of law setting
"precedence"