criminal law and procedure

Definition

An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Definition

A court of original jurisdiction where evidence and testimony are first introduced, received, and considered. Findings of fact and law are made in the trial court, and the findings of law may be appealed to a higher court that has the power of review.

A trial court of general jurisdiction may hear any civil or criminal case that is not already exclusively within the jurisdiction of another court.

Definition

The offense of betraying one’s own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies. Also termed high treason; alta proditio.

According to the United States Constitution, Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge.

Definition

Oral or written evidence given by a competent witness, under oath, at trial or in an affidavit or deposition.

Definition

To cheat a person out of money or property through fraud or deceit.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and third-degree instruction.

Definition

The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one’s personal use and without having paid the purchase price. Shoplifting is considered to be a form of larceny and may be prosecuted as such.

Definition

The act of implicating oneself in a crime or exposing oneself to criminal prosecution. Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself. Also termed self-crimination; self-inculpation.

A hint or a spark. In common law, if there is even a trace of evidence on an issue, then the issue must be decided on the merits, and a motion for summary judgment or a directed verdict cannot succeed.