criminal law and procedure

The direct address between the judge and the convicted defendant prior to sentencing.  During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence.  The defendant then answers the judge and may say anything in an effort to lessen the severity of the sentence, such as an apology, an offering of remorse, or an explanation of the motivations that drove the defendant's criminal actions.

See Criminal procedure for more information.

Any fact or circumstance that lessens the severity or culpability of a criminal act.  Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.  Recognition of particular mitigating factors varies by jurisdiction.

See also Aggravating Factors, Criminal Procedure, and the Death Penalty.

Any fact or circumstance that increases the severity or culpability of a criminal act.  Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.  The recognition of particular aggravating factors varies by jurisdiction. 

See also Mitigating Factor, Criminal Procedure, and the Death Penalty.  

A doctrine holding that the 5th and 14th Amendments require all governmental intrusions into fundamental rights and liberties be fair and reasonable and in furtherance of a legitimate governmental interest. The U.S. Supreme Court during the middle of the 20th Century used substantive due process to give added force to the 4th, 5th and 6th Amendments of the U.S. Constitution by constraining certain actions by law enforcement, prosecutors, and judges.

See due process 

criminal law: an overview

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

criminal procedure: an overview

Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Title 18 of the U.S. Code outlines all federal crimes.

Definition

In general, a place or location in which something takes place. The proper place to hold a civil or criminal trial, usually because important related events have taken place there.

Illustrative caselaw

See, e.g. Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co., 529 U.S. 193 (2000).

See also

• Compare to subject matter jurisdiction and personal jurisdiction

Definition

To set aside; to void. As in "to quash a motion" or "quash evidence."

Illustrative caselaw

See, e.g. Arizona v. Evans, 514 US 1 (1995).

See also

• Category: Courts and Procedure

Definition

1) An unauthorized, mock court or legal proceeding, e.g. a tribunal of sorority sisters created to settle disputes within the sorority, in which some or all of the accused's due process rights are ignored and the outcome appears to be predetermined. The term's first known use was in the American West in the 1850s.

Phone and Telemarketing Fraud: an overview

Phone and telemarketing fraud refers to any type of scheme in which a criminal communicates with the potential victim via the telephone. Because many reputable companies use telemarketing to conduct business, criminals can often effectively use the method as a way to obtain a victim’s credit card information or identity and then use this information to make unauthorized purchases elsewhere. Victims have difficulty distinguishing between reputable telemarketers and scam artists.