criminal law and procedure

Definition

A Latin term meaning "from what comes before". In legal arguments, a priori generally means that a particular idea is taken as a given. 

Definition

Someone who assists another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, inter alia, obstruction of justice.

Illustrative caselaw

See, e.g. Com. v. Dalton, 259 Va. 249 (2000).

See also

• Accessory

Also known as the “ACCA”.  A federal law imposing a minimum prison sentence of fifteen years on criminals with at least three violent felony convictions.

Definition

A writ from a judge summoning a new jury panel because of a problem with the original jury's verdict or return. A venire facias de novo results in a new trial. Sometimes abbreviated as venire de novo.

Illustrative caselaw

See, e.g. Parsons v. Bedford, Breedlove & Robeson, 28 U.S. 433 (1830).

Definition

A writ from a judge directing a sheriff to assemble prospective jurors. Sometimes abbreviated as venire.

Illustrative caselaw

See, e.g. Powers v. United States, 223 U.S. 303 (1912).

Definition

A person who aids, abets, or encourages another to commit a crime but who is not present at the scene. An accessory before the fact, like an accomplice, may be held criminally liable to the same extent as the principal. Many jurisdictions refer to an accessory before the fact as an accomplice.

Illustrative caselaw

See, e.g. Standefer v. U.S., 447 U.S. 10 (1980).

See also

• Accessory

A person that is present at the scene of a crime and aids, abets, or encourages the commission of the crime with the required criminal intent.

A person who commits a crime.

Definition

A person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal. An accomplice, unlike an accessory, is typically present when the crime is committed. 

The intention to commit a crime.