criminal law and procedure

Definition

A crime in which the defendant's unlawful or negligent operation of a motor vehicle results in the death of another person.  Also called automobile homicide and vehicular manslaughter.

Definition

1) In civil and criminal procedure

To set aside or annul a previous judgment or order.

2) In property law

To surrender or leave the premises.

Definition

Acting in the capacity of.  After identifying a person, the word "qua" may be added to signify that the rest of the statement pertains to that person acting in the capacity of whatever title or position comes after "qua." 

Illustrative caselaw

See, e.g. New Jersey v. Delaware, 552 U.S. 597, 600 (2008).

See also

• Sine qua non

Definition

A jury's findings or conclusions on the factual issues presented by a case.  Sometimes, the term also refers to the judge's resolution of issues in a bench trial.

Illustrative caselaw

See, e.g. United States v. Booker, 543 U.S. 220 (2005).

See also

• Compromise verdict

Definition

1)  To give something up or surrender control, especially when required by law.

2)  To bring forth a result, as when a search yields criminal evidence or an investment yields a profit.

Illustrative caselaw

See, e.g. Schneckloth v. Bustamonte, 412 U.S. 218, 243 (1973).

Definition

Latin for "it is vacated."  A rule or order that sets aside a judgment or annuls a proceeding.

Illustrative caselaw

See, e.g. Monsanto Co. v. Geertson Seed Farms, 130 S.Ct. 2743 (2010).

See also

• Vacate

 Major mid-1990s reform of habeas corpus as used to challenge criminal convictions.  Among other provisions, the law limits both the procedural and substantive scope of the writ.

Under this doctrine, the prohibition on double jeopardy does not prevent dual prosecution when the prosecutions are each by separate sovereigns.  Thus, a criminal defendant can be prosecuted by a state court and then by a federal court (or the other way around).  A criminal defendant may be tried by two separate state courts.

 

An exception to the requirement that police obtain a search warrant before conducting a search or seizure.  No warrant is needed if the items in question are in plain view, the police are lawfully positioned when the view the items, and the incriminating nature of the items is immediately apparent. 

 

See also Fourth Amendment.
 

A crime that a person is guilty of when the person receives stolen property that is known to be stolen and the person has the intent to permanently deprive the owner of the property.