criminal law and procedure

Abuse

Abuse is an action that intentionally causes harm or injures another person. This can refer to physical abuse, psychological abuse, mental abuse, or child abuse (see below).

Abuse is also to misuse something - e.g., abuse...

abuse excuse

Abuse excuse is defined as a self-defense claim which is usually used in criminal cases, stating that a defendant is incapable of distinguishing between right and wrong or controlling their impulses because of being subjected to prolonged...

Abuse of process

Abuse of process is a common law tort that involves the misuse of legal process(es) for an ulterior purpose. Abuse of process is one of several actionable offenses aimed at discouraging bad-faith litigation attempts. Indeed, courts hold the...

Acceptance of Service

Acceptance of service is defined as an agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff. Acceptance of service is accomplished by...

Accessory

An accessory is someone who aided or contributed to the commission or concealment of a crime. There are two categories of accessories: accessory before-the-fact and accessory after-the-fact. Unlike an accomplice, an...

Accessory After The Fact

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...

Accessory Before The Fact

An accessory before-the-fact is 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...

Accomplice

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 Witness

An “accomplice witness” is someone who is both a witness to a crime and an accomplice in that same crime; one who participates with the defendant before, during, or after the commission of the crime. The participation must involve an...

Accusation

An accusation is informally stating that a person has committed an illegal or immoral act. An accusation is also formally charging a person with a crime either by a prosecuting attorney filing charges against or through a grand jury...

Pages