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...
criminal law and procedure
actus reus
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.
...admission
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...
admission against interest
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
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
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...
adverse interest
There are three main types of adverse interests.
An adverse interest can mean an interest, claim or right that is against another’s interest. For example, a plaintiff and defendant have adverse interests. A witness with...advocacy of illegal action
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.
First addressed in Whitney v. California (1927), the Supreme...
affidavit
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. Affidavits by both plaintiff/prosecution and defense...
affirmative defense
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...