criminal law and procedure

Actual innocence refers to a failure of proof defense arguing that the prosecution failed to prove all relevant elements of a charged crime beyond a reasonable doubt. 

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

• criminal law
• mens rea
• mental state
• criminal act

An admission is a party's statement acknowledging that a certain statement or fact asserted against that party is true. In certain circumstances an admission can be made by silence. For example, silence after another party's assertion of a fact, would typically elicit an acknowledgment of the asserted fact.

An admission against interest is an out-of-court statement made by a party that is against their own pecuniary, proprietary, or penal interest, and that is admissible under both an exclusion (

Admission of guilt is an oral or written statement by an accused acknowledging that they have committed a criminal offense. An admission of guilt can be indicated from the words of an accused even though specific words like “yes, I am guilty” are not used. In the case of U.S. v.

Admit or admitting refers to a statement made by an individual to confirm the truthfulness of a claim.

There are three main types of adverse interests.

The advocacy of illegal action is a category of speech not protected by the First Amendment. It is also sometimes referred to as the advocacy of illegal conduct.

• freedom of speech
• First Amendment
• PROTECTED SPEECH
• unprotected speech

An affidavit is a sworn statement a person makes before a notary or officer of the court outside of the court asserting that certain facts are true to the best of that person’s knowledge.

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 tha

• criminal law
• CIVIL LAW
• defense
• AFFIRMATIVE DEFENSE