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.
Unlike affirmative defenses, which all argue the...
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.
Unlike affirmative defenses, which all argue the...
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.
...This phrases mean “for this purpose only.” Its literal translation from the Latin is “to this.”
Common examples are an ad hoc committee or an ad hoc commission created for a specific or one-time purpose to address issues that fall outside...
Administrative forfeiture is an in rem (against the property) action that allows the property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency seizes...
Admissible evidence is evidence that may be presented before the trier of fact (i.e., the judge or jury) for them to consider in deciding the case. Compare inadmissible evidence.
Rules of evidence determine what types of...
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...
An admission against interest is as 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 by a party-opponent) and an exception...
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...
Admit or admitting refers to a statement made by an individual to confirm the truthfulness of a claim. In criminal law, admitting to a fact also serves as a confession of guilt. Following Alexander v. State, an admission is an...
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...