criminal law and procedure

indictment

An indictment formally charges a person with a crime. During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor. An indictment is one of two options a...

indictment of presidents

Overview

Indictments of a sitting or former president remain an uncertain area of Constitutional law. The Constitution does not directly address indictments for either, and the Supreme Court has never had an opportunity to rule directly on...

indigent

A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court...

ineffective assistance of counsel

Ineffective assistance of counsel refers to a situation in which a criminal defendant's legal representation fails to meet the minimum standards of competence and diligence expected from attorneys. It is a constitutional claim that arises...

inevitable discovery rule

In criminal procedure, the inevitable-discovery rule allows evidence that would otherwise be subject to suppression be admissible if the State can show that the evidence would have been inevitably and legally discovered by lawful means....

infamous crime

An infamous crime is a felonious offense. In some states, the term may also refer to crimes that involve corruption, such as fraud or embezzlement. In addition to the severity of the offense, other factors that may contribute to a crime being...

infancy

Criminal Law

Infancy is an affirmative defense offered by a defendant in a criminal proceeding that the defendant did not have the mens rea necessary to be charged with the crime on account of their age. In other words, the defendant was...

information

Information is factual data with context that is applied and then becomes communicated knowledge.

In the context of criminal law, information may be a formal criminal charge that initiates the criminal proceedings in courts, which is simply a...

infraction

Infraction has multiple legal meanings. Generally it refers to violations or infringements; or breach of statutes, contracts, or obligations. However, the act itself is very minor and hence the resulting penalty is also very minor.

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initial appearance

An initial appearance refers to a court hearing where a defendant is first brought before a judge, usually after being arrested or charged with a crime. During this hearing, the defendant is informed of the charges against them, and the judge...

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