evidence

Aggravate

Definition

To increase the gravity or seriousness of a crime.

Illustrative caselaw

See, e.g. Magwood v. Patterson, 130 S.Ct. 2788 (2010).

See alsoAggravating factorMitigating factorCriminal procedure

Aggravated

A crime or tort is aggravated if the circumstances make it worse or more serious than it would otherwise be. For example, assault may become "aggravated assault" if the defendant uses or brandishes a deadly weapon.

Aggravated Assault

Definition

A criminal assault — a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact with one's person — involving an additional, aggravating factor, such as the intent to inflict serious bodily injury...

Aggravated Battery

Definition

A criminal battery — a physical act that results in harmful or offensive contact with another's person without that person's consent — involving an additional, aggravating factor, such as the infliction of serious bodily injury or the use of...

Aggravating Circumstances

Overview

Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.

Some generally...

Aggravating Factor

Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The...

Alibi

Definition

n. A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.

v. To provide an alibi for someone.

Illustrative caselaw

See, e.g. Lee v. Kemna, 534 U.S. 362...

Alibi Witness

Definition

A witness who testifies in support of a defendant's allegation that he or she was somewhere other than at the scene of the crime at the time it occurred.

Illustrative caselaw

See, e.g. Lee v. Kemna, 534 U.S. 362 (2002).

See...

Ancient Document Rule

Under the Federal Rules of Evidence, a permissible method to authenticate a document. Under the rule, if if a document is (1) more than 20 years old; (2) is regular on its face with no signs of obvious alterations; and (3) found in a place of natural...

Attest

Definition

To testify or confirm that something is true, genuine, or authentic. See attestation.

Illustrative case law

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See alsoAttestation clauseEstates and trusts

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