criminal law and procedure

third-degree instruction

Third degree Instruction is 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 shotgun charge....

torture

Torture refers to the infliction of severe pain and suffering, as punishment, as coercion, or for the purposes of obtaining information or a confession. Torture is prohibited by the United Nations Convention Against Torture , which has been...

totality of circumstances

Totality of circumstances is a method of analysis, or a test, in which a court or judge will consider balancing the circumstances and contributing factors of the situation rather than use a strict bright-line. Totality of the circumstances is...

trafficking

Trafficking is the transporting of or transacting in illegal goods or people. See drug trafficking, sex trafficking, and human trafficking.

[Last updated in December of 2021 by the Wex Definitions Team]

transcarceration

Transcarceration is the transfer of prisoners or persons institutionalized for mental illness from one facility to another of the same type. Through transcarceration, prisoners are moved from one prison to another, and those institutionalized...

transferred intent

Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actual victim and can be used to...

trap and trace device

A trap and trace device is a device or process that records the sources of incoming signals to a specific phone or computer. This is often used by law enforcement as the advanced counterpart of Caller ID. A trap and trace device identifies...

treason

Treason refers to the betrayal of one’s own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies.

According to the United States Constitution, Article III,...

trespass

Trespass is knowingly entering another owners’ property or land without permission, which encroaches on the owners’ privacy or property interests. There are many laws relating to trespass.

Tort Law

Trespass to Land: If an...

trial

A trial is a formal legal proceeding where legal claims are presented, evidence is examined, and witnesses are heard. It is overseen by a judge, jury, or other adjudicator who determines the guilt or innocence of a party in a criminal case or...

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