criminal law and procedure

A criminal sentence that is not enforced unless the defendant fails to meet conditions imposed by the judge (such as a requirement to make restitution to victims or perform certain services) or commits another crime.

The act of observing persons or groups either with notice or their knowledge (overt surveillance) or without their knowledge (covert surveillance). Intrusive surveillance by private citizens may give rise to claims of invasion of privacy. Police officers, as long as they are in a place they have a right to be, can use virtually any type of surveillance device to observe property. Police cannot use specialized heat-scanning surveillance devices to obtain evidence of criminal activity inside a home. Law enforcement officials acquired additional surveillance capability following enactment of The Patriot Act.

1) A judge may "supress" evidence (or not allow it in the trial) because it is inadmissible for some reason.  This is proper and permissible.

2) A prosecutor in a criminal case who "supresses" evidence if they hide or withhold it.  This is improper and not permissible.

In criminal law, when a defendant has been convicted of more than one crime, the judge's ruling that the sentences for each conviction will be served one after the other, rather than at the same time (concurrent sentences).

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and third-degree instruction.

Definition

The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one’s personal use and without having paid the purchase price. Shoplifting is considered to be a form of larceny and may be prosecuted as such.

Definition

Overview

Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself. Self-incrimination may also be referred to as self-crimination or self-inculpation.

A hint or a spark. In common law, if there is even a trace of evidence on an issue, then the issue must be decided on the merits, and a motion for summary judgment or a directed verdict cannot succeed.

Definition

Definition