criminal law and procedure

The obligation of a party to introduce evidence that persuades the factfinder, to a requisite degree of belief, that a particular proposition of fact is true.  In civil cases, a party's burden is usually "by a preponderance of the evidence."  In criminal cases, the prosecution's burden is "beyond a reasonable doubt."

The burden of persuasion is comprised of two elements: the facts a party must plead and prove in order to prevail on a particular issue; and how persuasively the party must prove those facts. 

To vacate, annul, or void especially through judicial action.

When police officers place an alleged criminal in a line with several other individuals in order to allow a witness or victim the opportunity to identify the alleged criminal.

A right that the Due Process Clauses of the state and federal constitutions confer on an individual.

Definition

Even if a defendant fails to fully complete a crime, he or she can be charged with attempt, i.e. in the case of an uncompleted or inchoate offense. While the requirements for proving attempt vary by jurisdiction, generally specific intent must be shown (even if the underlying crime was a general intent or strict liability offense) as well as a substantial step towards actually committing the crime itself.

Definition

A panel of prospective jurors.  A jury is eventually chosen from the venire. 

Illustrative caselaw

See, e.g. Skilling v. United States, 130 S.Ct. 2896 (2010).

See also

• Jury duty

• Jury selection

• Jury trial

• Venire facias

• Venire facias de novo

 Another name for a stop and frisk.  Derived from the Supreme Court case that established the stop and frisk standard, Terry v Ohio, 392 US 1, (1967).  

 In a criminal case, most evidence gathered in violation of the Constitution is inadmissible at trial, due to the exclusionary rule. Evidence that has been kept out in this manner is said to have been “suppressed.”

 

A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches.  For example, a reasonable suspicion justifies a stop and frisk, but not a full search.  A reasonable suspicion exists when a reasonable person under the circumstances, would, based upon specific and articulable facts, suspect that a crime has been committed. 

Generally, a police officer must have a valid search warrant to perform a search unless one of several exceptions apply. An exception to the requirement of a valid warrant exists where the officer has probable cause to believe that a vehicle contains evidence of a crime or of contraband.  The officer may search the entire vehicle if this exception applies.

 

See also Fourth Amendment.