criminal law and procedure

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial.

Definition

To find a defendant in a criminal trial not guilty.

See also

• Acquittal
• Double jeopardy

Definition

Definition

1) Formally charging a person with a crime either by a prosecuting attorney filing charges against or through a grand jury indictment of that person. 2) Informally stating that a person has committed an illegal or immoral act. 

Definition

Someone who is both a witness to a crime and an accomplice in that same crime. In some states, a defendant may not be convicted solely on the basis of an accomplice witness' testimony.

Illustrative caselaw

See, e.g. Cool v. U.S., 409 U.S. 100 (1972) and People v. Bowley, 59 Cal.2d 855 (Cal. 1963).

Definition

Agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff.  Acceptance of service is accomplished by signing a "receipt and acknowledgment of acceptance of service" (or similarly titled instrument).  This satisfies the notice requirement of due process.

Definition

Someone aiding in or contributing to the commission or concealment of a felony, e.g. by assisting in planning or encouraging another to commit a crime (an accessory before the fact) or by helping another escape arrest or punishment (an accessory after the fact). An accessory, unlike an accomplice, is typically not present when the crime is committed. 

Illustrative caselaw

See, e.g. Lankford v. Idaho, 500 U.S. 110 (1990).

Definition

1) Abuse, generally: physically, sexually, or mentally injuring a person.

2) Child abuse: physically, sexually, or mentally injuring a child either with intent or through neglect.

3) Substance abuse: excessively using or misusing a legal or illegal substance.

4) In bankruptcy: filing under chapter 7 by a debtor whose monthly, disposable income exceeds $10,950 or 25% of his or her non-priority unsecured debt (if at least $6,575) for a five-year period is presumptively abusive, requiring dismissal or conversion to chapter 13.

Definition

A self-defense claim that a defendant is incapable of distinguishing between right and wrong or of controlling his or her impulses as a result of being subjected to prolonged physical or mental abuse, i.e. as a result of, inter alia, battered-child syndrome or battered-woman syndrome.