criminal law and procedure

Admission

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial. 2) Admission by a party-opponent: an out-of-...

Admission of Guilt

Definition

An accused's oral or written statement acknowledging that he or she has committed a criminal offense.

Illustrative caselaw

See, e.g. Libretti v. U.S., 516 U.S. 29 (1995).

See alsoAdmissionConfessionGuiltyPlea

Admit

Definition

1) To state that a certain fact is true. 2) In a civil case, to state that a plaintiff's allegation is true. If a defendant admits an allegation, the plaintiff need not prove it at trial. 3) In a criminal case, to state that a certain fact is...

After-Discovered Evidence

Definition

In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion. Upon later discovery, a...

Aggravate

Definition

To increase the gravity or seriousness of a crime.

Illustrative caselaw

See, e.g. Magwood v. Patterson, 130 S.Ct. 2788 (2010).

See alsoAggravating factorMitigating factorCriminal procedure

Aggravated Assault

Definition

A criminal assault — a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact with one's person — involving an additional, aggravating factor, such as the intent to inflict serious bodily injury...

Aggravated Battery

Definition

A criminal battery — a physical act that results in harmful or offensive contact with another's person without that person's consent — involving an additional, aggravating factor, such as the infliction of serious bodily injury or the use of...

Aggravating Circumstances

Overview

Aggravating circumstances refers to factors that increases 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.

Some generally...

Aggravating Factor

Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The...

Aid and Abet

Definition

To assist someone in committing or encourage someone to commit a crime. Generally, an aider and abettor is criminally liable to the same extent as the principal. Also called "aid or abet" and "counsel and procure."

Illustrative case law

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