criminal law and procedure

Definition

To move towards a witness in order to show him or her a document or exhibit. In some jurisdictions, an attorney must request to approach a witness, i.e. "May I approach the witness?"

Illustrative caselaw

See, e.g. Michaels v. State, 970 A.2d 223 (Del. 2009).

Definition

A witness who testifies in support of a defendant's allegation that he or she was somewhere other than at the scene of the crime at the time it occurred. 

Illustrative caselaw

See, e.g. Lee v. Kemna, 534 U.S. 362 (2002).

See also

• Alibi
• Criminal law

Definition

To assist someone in committing or encourage someone to commit a crime. Generally, an aider and abettor is criminally liable to the same extent as the principal. Also called "aid or abet" and "counsel and procure."

Illustrative caselaw

See, e.g. Stoneridge Inv. Partners, LLC, v. Scientific-Atlanta, Inc. 552 U.S. 148 (2008).

Definition

To increase the gravity or seriousness of a crime.

Illustrative caselaw

See, e.g. Magwood v. Patterson, 130 S.Ct. 2788 (2010).

See also

• Aggravating factor
• Mitigating factor
• Criminal procedure

Definition

Factors that increases the severity or culpability of a criminal act, including, but not limited to, heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.

Illustrative caselaw

See, e.g. Magwood v. Patterson, 130 S.Ct. 2788 (2010). 

Definition

A criminal battery — a physical act that results in harmful or offensive contact with another's person without that person's consent — involving an additional, aggravating factor, such as the infliction of serious bodily injury or the use of a dangerous weapon.

Definition

A criminal assault — a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact with one's person — involving an additional, aggravating factor, such as the intent to inflict serious bodily injury or the use of a dangerous weapon.

Definition

In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion. Upon later discovery, a losing party may assert after-discovered evidence, a.k.a. newly discovered evidence, as grounds for a court to reconsider a motion or order a new trial. 

Definition

An accused's oral or written statement acknowledging that he or she has committed a criminal offense.

Illustrative caselaw

See, e.g. Libretti v. U.S., 516 U.S. 29 (1995).

Definition

1) To state that a certain fact is true. 2) In a civil case, to state that a plaintiff's allegation is true. If a defendant admits an allegation, the plaintiff need not prove it at trial. 3) In a criminal case, to state that a certain fact is true or to acknowledge guilt. 4) At trial, to allow, inter alia, testamentary or documentary evidence to come in for a judge or jury to consider in reaching a decision.