criminal law and procedure

In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offences will drop out, and the defendant will only be charged with the greater offense.  This prevents double jeopardy problems from arising.

See Merger (for other uses of the term).

Model Penal Code formulation of the insanity defense.  Under this test, an individual is not liable for criminal offenses if, when he or she committed the crime or crimes, the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to appreciate the wrongfulness of his or her actions or to conform his or her actions to requirements under the law.

Defense to a prosecution for a crime that relieves the defendant from liability if his or her conduct was the result of a mental disease or mental defect.

 

See Right to confront witness.

 

 A pretrial identification procedure, where a witness is shown only the suspect and asked if that person was the perpetrator.  Has been criticized as subject to error.  Contrast with pretrial lineup

A defense to criminal liability that one committed a particular unlawful act while under the influence of intoxicating substances ingested involuntarily that rendered the individual incapable of understanding the nature of the acts committed.

Affirmative defense to liability for an alleged crime that one used force in order to protect one's property.

A defense to liability for an alleged crime for harm or threats to another person that is in defense of a person other than oneself.

Degree of force likely to result in serious bodily injury or death.

Definition

n. A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred. 

v. To provide an alibi for someone. 

Illustrative caselaw

See, e.g. Lee v. Kemna, 534 U.S. 362 (2002).

See also

• Alibi witness
• Criminal law