evidence

Abuse Excuse

Definition

A self-defense claim that a defendant is incapable of distinguishing between right and wrong or of controlling his or her impulses as a result of being subjected to prolonged physical or mental abuse, i.e. as a result of, inter alia, battered...

Accomplice Witness

An “accomplice witness” is someone who is both a witness to a crime and an accomplice in that same crime; one who participates with the defendant before, during, or after the commission of the crime. The participation must involve an...

Acknowledge

1) To accept, recognize, confirm, or admit the existence or truth of something.

2) To validate an identity or claim.

3) To authenticate an instrument or writing by declaration or statement under oath by...

actuarial tables

Actuarial tables (also called life expectancy tables, mortality tables,and life tables) are statistical tools used by companies, scientists, courts, and government agencies to predict the life expectancy of a person by their age, gender, and...

Actus Reus

Definition

Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute.

OverviewAct

The actus reus includes only voluntary bodily movements, particularly one which society has an interest in...

Admissible Evidence

Admissible evidence is evidence that may be presented before the trier of fact (i.e., the judge or jury) for them to consider in deciding the case. Compare inadmissible evidence.

Rules of evidence determine what types of...

Admission

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial. 2) Admission by a party-opponent: an out-of-...

Admission Against Interest

Definition

An out-of-court statement by a party that, when uttered, is against the party's pecuniary, proprietary, or penal interest and that is admissible under both an exclusion (admission by a party-opponent) and an exception (statement against...

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...

After-discovered evidence

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal...

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