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criminal law and procedure

dynamite charge

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, nitroglycerine charge, shotgun charge, and third-degree instruction

death row

Definition

The section of a prison the holds prisoners who have been sentenced to death and are awaiting execution.

continuance

Definition

The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court’s discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.

codefendant

Definition

One of multiple defendants jointly sued in the same litigation or charged with the same crime. Also termed joint defendant.

blackmail

Definition

Coercion by unjustifiably threatening to reveal to another person or to the public substantially true information that is embarrassing, injurious, or incriminating.

bench warrant

Definition

An arrest warrant issued directly by a sitting judge or magistrate to a law-enforcement officer in a criminal or civil court proceeding.

Back-to-back life sentences

Definition

Two or more life sentences served by an inmate consecutively rather than concurrently.

Illustrative caselaw

See, e.g. Gmerek v. State, 781 S.W.2d 575 (Mo. Ct. App. 1989) (regarding back-to-back sentences generally).

See also

 

autopsy

Definition

A medical examination of a corpse to determine disease, injury, and cause of death, especially in a criminal investigation. Also termed postmortem; postmortem examination; necropsy; obduction.

Attorney work product

Definition

Written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. Generally, an opposing party may not discover or compel disclosure of work product. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." Fed. R. Evid.

Attorney work product privilege

Definition

A rule that an opposing party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." 

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