criminal law and procedure

Definition

Leaving a jurisdiction secretly or suddenly, e.g. to avoid service of process, arrest, or prosecution; or leaving with another person's money or property. 

Illustrative caselaw

See, e.g. Atwater v. City of Lago Vista, 532 U.S. 318 (2001).

See also

• Flight

Definition

Taking a person away by means of persuasion, fraud, or force. Some jurisdictions also require that the abductee, the person abducted, be a child or that that the abductor intend to marry or defile the abductee or subject him or her to prostitution or concubinage. Parental abduction, a parent's abduction of his or her child, is a crime. Although the terms abduction and kidnapping are, at times, used interchangeably, kidnapping is narrower, generally requiring the threat or use of force. 

An exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. The castle exception states that if a defendant is in his home, he is not required to retreat prior to using deadly force in self defense.

Definition

The use of legal authority to deprive someone of his or her freedom of movement.  Under U.S. law, placing someone under arrest triggers certain legal requirements, such as the requirement that the person be given the Miranda warning.  Under the Constitution, arrest is governed by the Fourth Amendment.

Illustrative caselaw

See, e.g. Maryland v. Shatzer, 130 S.Ct. 1213 (2010).

Definition

Roaming from place to place without a permanent job, home, or material resources.  Many criminal statutes targeting vagrancy have been declared invalid for being unconstitutionally vague — a violation of due process.

Illustrative caselaw

See, e.g. Papachristou v. City of Jacksonville, 405 U.S. 156 (1972).

Definition

A period of time running from any date until the same date in the following year, e.g. from January 1 to January 1 of the following year. At common law, the statute of limitations for filing certain claims and prosecuting certain crimes. The term arose because a year from January 1 would traditionally run through December 31, not January 1. Also called "year and day."

Definition

A bright-line, common law rule that a person cannot be convicted of homicide for a death that occurs more than a year and a day after his or her act(s) that allegedly caused it. The rule arose from the difficulty of determining cause of death after an extended period of time. Like most common law principles, state legislatures or courts may modify or abolish this rule.

Definition

1)  An adolescent or young adult convicted of a crime.  States usually allow youthful offenders to choose special correctional programs not available to adult offenders.

2)  A juvenile delinquent.

Definition

In the law of evidence, certain subject matters are privileged, and can not be inquired into in any way. Such privileged information is not subject to disclosure or discovery and cannot be asked about in testimony. Usually, privileges exist not because of a fear that information provided will be inaccurate, but because there are public policy reasons the information should not be disclosed.