criminal law and procedure

Burden of Proof

Overview

Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards in different circumstances. For example, in criminal cases, the burden of proving...

Castle Doctrine

An exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. The castle exception states that if a defendant is in his home, he is not required to retreat prior to using deadly...

Civil Forfeiture

Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the...

Codefendant

Definition

One of multiple defendants jointly sued in the same litigation or charged with the same crime. Also termed joint defendant.

Computer and Internet Fraud

Overview

Fraud through the criminal use of a computer or the Internet can take many different forms. “Hacking” is a common form, in which a perpetrator uses technological tools to remotely access a protected computer or system. Another common form...

Confrontation Clause

See Right to confront witness.

Continuance

Definition

The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court’s discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and...

Counsel and Procure

Definition

See aid and abet.

Counsel of Record

Definition

See attorney of record.

Credit Card Fraud

credit card fraud: an overview

Credit card fraud is a form of identity theft that involves an unauthorized taking of another’s credit card information for the purpose of charging purchases to the account or removing funds from it. Federal law limits...

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