criminal law and procedure

penitentiary

The term penitentiary is derived from the Latin term paenitentia, meaning repentance. A penitentiary refers to a prison or place of confinement used to hold and correct criminals who have been convicted of felonies. In the Roman Catholic...

people

People often appears as the title given in a case name to stand for the government party, with the idea that the government is representing the public in the case. For example, the title in the case People v. Thomas is representing the people...

People v. William Freeman (1847)

People v. William Freeman (1847) was the first case in the United States where a defendant used an insanity defense. The case was heard and decided by the New York Supreme Court.

William Freeman was a Black and Indigenous...

perjury

Perjury, also known as false oath, forswearing, and falsehood, refers to knowingly making a false statement under oath or knowingly signing a legal document that is false or includes false statements. While the exact definition of perjury...

permission to approach the witness

Permission to approach the witness is a request made by an attorney during a court proceeding to ask the presiding judge for permission before approaching the witness on the stand. The judge may grant or deny the request based on the specific...

perpetrator

A perpetrator is a person who committed a crime.

In the instance of a joint crime (if more than 2 persons are involved in a crime) it is necessary to clarify the criminal liability and punishment among the defendants. The...

petit larceny

Petit larceny refers to the larceny or theft of property that is worth less than an amount set by statute. For a theft to be considered petit larceny, the maximum value often ranges between $100 and $500.

In Apprendi v. New...

phone and telemarketing fraud

Phone and telemarketing fraud is a criminal activity involving a scheme through telephone communications. The criminal communicates via telephone contact to fraudulently divest money or property of the victim. The criminal generally relies on...

physical incapacity

Physical incapacity refers to a lack of physical ability sufficient to justify a legal consequence. The term is used across a realm of laws regarding disability, competency, criminal statutes, and marriage laws. The inclusion of the...

pilferage

Pilferage is the act of stealing or an instance of stealing. The term also refers to the item or items stolen. In Hartford Fire Insurance Co. v. Lewis, the Court of Appeals of Georgia notes that pilferage is equivalent to petty larceny, which...

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