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criminal law and procedure

Right to confront witness

The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action.  This includes the right to be present at the trial as well as the right to cross-examine the prosecution's witnesses.

See constitutional clauses.

Infamous crime

At common law, a crime involving fraud or dishonesty.

Kidnapping

Definition

A crime at common law consisting of an unlawful restraint of a person's liberty by force or show of force so as to send the victim into another country.  Under modern law, this crime will usually be found where the victim is taken to another location or concealed.

Arson

Definition

A crime at common law.  Depending upon the jurisdiction, the intentional setting of a fire to a building, or else the intentional setting of a fire to a building where people live.

Illustrative caselaw

See, e.g. Jones v. U.S., 529 U.S. 848 (2000). 

Voluntary manslaughter

Killing another person without deliberation, premeditation, or malice aforethought.  Committed while in the heat of passion, or else, as a result of some kind of adequate provocation.
 

Necessity defense

Defense to liability for unlawful activity where the conduct cannot be avoided and one is justified in the particular conduct because it will prevent the occurrence of a harm that is more serious. In tort law, there are two different categories of the necessity defense that can be employed: public necessity and private necessity.

Felony murder rule

The unlawful killing of another human being while engaged in the commission of or attempted commission of one of several felonies specified according to the laws of a particular jurisdiction.  At common law, the "felony murder crimes" are burglary, arson, rape, robbery, and kidnapping.

Right to jury trial

Under the Sixth Amendment, in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.

Trial on the merits

A determination in a judicial proceeding of facts or issues brought before it in accordance with jurisdictional authorities.

Reasonable belief

When there exists a reasonable basis to believe that a crime is being or has already been committed.

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