criminal law

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An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid...

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Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.

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An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. The party...

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Aggravating circumstances refers to the factors that increase the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.

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[Question Presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue(s)

Should the Supreme Court overrule Harris v. United States and require that a jury find facts beyond a reasonable doubt in order to enhance a sentence beyond the ordinarily...

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Assault is generally defined as an intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required, but the actor must have intended to cause a harmful or offensive...

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Autopsy, borrowed from the Greek autopsia, meaning “the act of seeing with one’s own eyes” means the detailed medical examination, and/or dissection of a dead body to determine the cause of death, or for any scientific and medical purpose....

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Tort Law

Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by...

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In 2007, police arrested Travis Beckles after recovering a sawed-off shotgun in his residence. See United States v. Beckles, 565 F.3d 832, 837–38 (11th Cir. 2009). At trial, the jury found Beckles guilty under 18 U.S.C. § 922(g)(1) for possession of a...

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A bench warrant is a process or a legal document issued by the court itself or from the “bench” for the detainment or arrest of a person in a criminal or civil court proceeding, either in a case of contempt, especially when the criminal...

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