criminal law and procedure

Definition

See knock-and-announce rule.

 

Circumstance that require an immediate response.  An exception to the general prohibition on a warrantless arrest or search. Occurs when police officers believe they have probable cause and there is no time to obtain a warrant.

 

See also Fourth Amendment, search warrant. 

An exception to the exclusionary rule barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible. See also Fourth Amendment. 

Definition

A Latin term meaning literally 'from [the] stronger'. Translated into English and used in the particular context of legal writing, the term often means 'from [the] stronger [argument]'. If a particular fact is true, then one can infer that a second fact is also true.

Actual intent to perform some act, but without a wish for the consequences that result from that act.  Depending on the offense alleged, both tort plaintiffs and criminal prosecutors may need to prove that the defendant acted with general intent.  

Contrast with specific intent and strict liability.

Definition

A calculation used to analyze a claim that a jury pool did not represent a fair cross-section of the community. Calculated by subtracting the percentage of a group in the jury pool from the percentage of that group in the general population.

Illustrative caselaw

See, e.g. Berghuis v. Smith, 130 S.Ct. 1382 (2010).

See also

• Jury of one's peers
• Venire

Definition

A Latin term meaning "from the beginning."  Used to indicate that some fact existed from the start of a relevant time period.

Definition

To criminally assist another person in the commission of a crime including in planning a crime, escaping from a crime, or in the actual commission of the crime.

Illustrative caselaw

See, e.g. Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007).

A type of crime completed by taking a punishable step towards the commission of another crime.  The basic inchoate offenses are attempt, solicitation, and conspiracy.  

The crime allegedly intended is called the target offense.  Except for conspiracy, inchoate offenses merge into the target crime.  This means that if the defendant is prosecuted for the target crime, attempt and solicitation cannot be charged as well.  However, both conspiracy to commit a crime and the crime itself may be charged.  

Piracy is when non-state actors commit war-like acts against ships. In the United States, piracy is governed by admiralty law. Piracy is prohibited by both United States and international law.

At present, prosecuting pirates presents several international law problems. For example, it is unclear whether and to what extent pirates should be treated differently from normal criminals.

See also Piracy (Intellectual Property).