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criminal law and procedure

Removal warrant

Also called a warrant of removal. Pursuant to Rule 40 of the Federal Rules of Criminal Procedure, this is a writ which directs the removal of a prisoner from the district in which he is incarcerated to the district that issued the warrant (called a demanding district). If, based on a hearing, it appears from the report of a magistrate or from evidence heard before a judge that sufficient cause has been shown to order the defendant's removal, the judge shall issue a such a warrant to the district where the prosecution is pending.

Initial appearance

When a defendant appears before a judge within a certain number of hours of an arrest in order for the the judge to determine if there is probable cause for the arrest.

Arson with intent to defraud an insurer

At common law, it was not arson if a person burned his or her own dwelling in order to fraudulently collect the insurance that is on the dwelling.  In modern statutes this is often an offense.

Houseburning

A crime at common law.  The elements of this misdemeanor are:

1. Malicious (the same as in the crime of arson).
2. burning
3. of one's own dwelling
4. if the structure is situated either
 a. in a city or town or
 b. so near to other houses as to create a danger to them.

Misprison of a felony

A crime at common law involving judicial procedure. A misdemeanor that is a failure by some person other that a principal or accessory before the fact to disclose or report knowledge that a felony has been committed. Distinguished from compounding a crime in that no consideration was required at common law to have been been passed in misprison of a felony.  In such jurisdictions, a person has no obligation to report a crime. 

Compounding a crime

A crime at common law involving judicial procedure. A misdemeanor that involves entering into an agreement for valuable consideration that an individual will not prosecute another individual for a felony.  Also when one conceals the whereabouts of a felon or the commission of a felony.  Distinguish from <wbr>misprison of a felony.

Accusatory instrument

Generic term that describes a variety of documents (such as a criminal complaint) that accuse a defendant of an offense.

 

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