criminal law and procedure

Definition

1) In evidence  

The basis for admitting testimony or evidence into evidence. For example, an attorney must lay a foundation in order to admit an expert witness' testimony or a company's business records into evidence. Laying a foundation establishes the qualifications of a witness or the authenticity of evidence. 

2) Fund or endowment

A fund or endowment established for a benevolent purpose, such as charity, religion, education, or research.

Definition

An objective rule that resolves a legal issue in a straightforward, predictable manner. A bright-line rule is easy to administer and produces certain, though, arguably, not always equitable results. 

Illustrative caselaw

See, e.g. Montejo v. Louisiana, 129 S.Ct. 2079 (2009).

See also

• Balancing test

Definition

See year and a day.

Illustrative caselaw

See, e.g. Rogers v. Tennessee, 532 U.S. 451 (2001).

See also

• Year and a day rule

Definition

See attorney of record.

See hung jury.

Definition

See aid and abet. 

Definition

See after-discovered evidence.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).

Definition

A witness whose testimony is clearly biased in favor of the party for whom he or she is testifying. 

Illustrative caselaw

See, e.g. Mayes v. Gibson, 2010 F.3d 1284, 1291 (10th Cir. 2000).

See also

• Witness

Definition

Persons who form a venire; prospective jurors.

Illustrative caselaw

See, e.g. Skilling v. United States, 130 S.Ct. 2896 (2010) (Sotomayor, J., dissenting in part).

See also