Blog page 359




                                               

Abstracting electricity

This offence is created by section 13 of the Theft Act 1968: A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a te ...

                                               

Accessory (legal term)

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime. The distinction between an accessory and a principal is a question of fact and degree: The principal is the o ...

                                               

Accusation

An accusation is a statement by one person asserting that another person or entity has done something improper. The person who makes the accusation is an accuser, while the subject against whom it is made is the accused. Whether a statement is in ...

                                               

Actio libera in causa

Actio libera in causa is a law principle in civil law legal systems. A person who voluntarily and deliberately gets drunk or causes mental illness in order to commit a crime may under certain circumstances be held liable for that crime even thoug ...

                                               

Actual innocence

Actual innocence is a special standard of review in legal cases to prove that a charged defendant did not commit the crime that he or she is accused of, which is often applied by appellate courts to prevent a miscarriage of justice. The actual in ...

                                               

Actus reus

Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liabilit ...

                                               

Address confidentiality program

An address confidentiality program allows victims of domestic violence, sexual assault, stalking or other types of crime to receive mail at a confidential address, while keeping their actual address undisclosed. This is usually done through the s ...

                                               

Aggravated felony

The term aggravated felony was created by the United States Congress as part of the Immigration and Nationality Act to define a special category of criminal offenses. The INA says that certain aliens "convicted of an aggravated felony shall be co ...

                                               

Aggravated sexual assault

The precise definitions of and punishments for aggravated sexual assault vary from nation to nation and state to state: In the United States of America, it is a felony sexual offense governed by laws that vary from state to state. Typically, it i ...

                                               

Aggravation (law)

Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itsel ...

                                               

Aggressive panhandling

Aggressive panhandling is a legal term for unlawful forms of public begging. Proponents of such legislation advocate placing limits on these activities. Some opponents lament what they perceive to be the "criminalization of homelessness" and argu ...

                                               

Aiding and abetting

Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting ...

                                               

Amnesty

Amnesty is defined as: "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been ...

                                               

Animus nocendi

In jurisprudence, animus nocendi is the subjective state of mind of the author of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences. In most modern legal systems, the animus nocen ...

                                               

Antecedent (law)

Antecedents are the life history and previous convictions of a defendant in a criminal case. They are colloquially known as "previous convictions" in the United Kingdom and "prior convictions" in the United States and Australia. When a defendant ...

                                               

Anti-Terrorism Act of 2001

The Anti-Terrorism Act of 2001 is a New York criminal law passed in the wake of the September 11, 2001, terrorist attacks, that created a new section of the New York Penal Code for terrorism-related crimes, Article 490. The bill was introduced in ...

                                               

Anticipatory bail

Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code.This provision allows a ...

                                               

Approved Premises

In the United Kingdom, Approved Premises, formerly known as probation or bail hostels, are residential units which house ex-offenders in the community. They are recognised under the Offender Management Act 2007, and can provoke a hostile receptio ...

                                               

Arrest

An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a proced ...

                                               

Arrest warrant

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individuals property.

                                               

Asset forfeiture

Asset forfeiture or asset seizure is a form of confiscation of assets by the state. In the United States, it is a type of criminal justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, b ...

                                               

Attendant circumstance

In law, attendant circumstances are the facts surrounding an event. In criminal law in the United States, the definition of a given offense generally includes up to three kinds of "elements": the actus reus, or guilty conduct; the mens rea, or gu ...

                                               

Badge of shame

A badge of shame, also a symbol of shame, mark of shame or stigma, is typically a distinctive symbol required to be worn by a specific group or an individual for the purpose of public humiliation, ostracism or persecution. The term is also used m ...

                                               

Bail

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, espec ...

                                               

Ban (law)

A ban is a formal or informal prohibition of something. Bans are formed for the prohibition of activities within a certain political territory. Some see this as a negative act and others see it as maintaining the status quo ". Some bans in commer ...

                                               

Banditry

The New English Dictionary on Historical Principles defined bandit in 1885 as "one who is proscribed or outlawed; hence, a lawless desperate marauder, a brigand: usually applied to members of the organized gangs which infest the mountainous distr ...

                                               

Biens mal acquis

Biens mal acquis is a phrase used in French courts for litigation seeking the repayment of assets stolen from poor countries by corrupt officials. The phrase refers to anti-corruption legal proceedings against former dictators and strongmen outsi ...

                                               

Blackstone's ratio

In criminal law, Blackstones ratio is the idea that: It is better that ten guilty persons escape than that one innocent suffer. As expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, publis ...

                                               

Blank pad rule

The blank pad rule is a legal doctrine and metaphor in common law that requires a tribunal to base its decision solely upon evidence established at trial. In the United States, the Supreme Court has established that in order for a trial to be fai ...

                                               

Blood money (restitution)

Blood money, also called bloodwit, is money or some sort of compensation paid by an offender or his/her family group to the family or kin group of the victim.

                                               

Born alive rule

The "born alive" rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive". U.S. courts have overturned this rule, citing recent advances in science and me ...

                                               

Brigandage

Brigandage is the life and practice of highway robbery and plunder. It is practiced by a brigand, a person who usually lives in a gang and lives by pillage and robbery. The word brigand entered English as brigant via French from Italian as early ...

                                               

Burden of proof (law)

Burden of proof is a legal duty that encompasses two connected but separate ideas that for establishing the truth of facts in a trial before tribunals in the United States: the "burden of production" and the "burden of persuasion" In a legal disp ...

                                               

Caption (law)

Caption was a term used, for arrest or apprehension. Caption also has an old legal use, to signify the part of an indictment, etc., which shows where, when and by what authority it is taken, found or executed; so its opening or heading. From this ...

                                               

Carwalking

Carwalking is the act of stepping onto and walking across a stationary car. Depending on the technique and equipment used, carwalking can lead to damage of private property. It often is a response to cars being parked illegally in areas exclusive ...

                                               

Causation (law)

Causation is the "causal relationship between the defendants conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus ...

                                               

Citizen's arrest

A citizens arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citi ...

                                               

Civil death

Civil death is the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on persons convicted of crime ...

                                               

Collective punishment

Collective punishment is a form of retaliation whereby a suspected perpetrators family members, friends, acquaintances, sect, neighbors or entire ethnic group is targeted. The punished group may often have no direct association with the other ind ...

                                               

Coming into force

Coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition.

                                               

Common purpose

The doctrine of common purpose, common design, joint enterprise, or joint criminal enterprise is a common law legal doctrine that imputes criminal liability to the participants in a criminal enterprise for all that results from that enterprise. T ...

                                               

Concurrence

In Western jurisprudence, concurrence is the apparent need to prove the simultaneous occurrence of both actus reus and mens rea, to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence i ...

                                               

Conditional release

Conditional release is a method of release from incarceration that is contingent upon obeying conditions of release under threat of revocation under reduced due process protections." Hence, conditional release can be a synonym of parole and is so ...

                                               

Conflict model (criminal justice)

The conflict model of criminal justice, sometimes called the non-system perspective or system conflict theory, argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice, as opposed to c ...

                                               

Consensus model (criminal justice)

The Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively. A criminal justice model in which ...

                                               

Consent (criminal law)

A defence against criminal liability may arise when a defendant can argue that, because of consent, there was no crime. But public policy requires courts to lay down limits on the extent to which citizens are allowed to consent or are to be bound ...

                                               

Contraband

Contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous ...

                                               

Conviction

In law, a conviction is the verdict that usually results when a court of law finds a defendant guilty of a crime. The opposite of a conviction is an acquittal. In Scotland and in the Netherlands, there can also be a verdict of "not proven", which ...

                                               

Conviction rate

The conviction rate of a prosecuting unit of government reflects the likelihood that in that jurisdiction a case that is brought will end in conviction. Conviction rates reflect many aspects of the legal processes and systems at work within the j ...

                                               

Corporate liability

In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the natural persons it employs. It is sometimes regarded as an aspect of criminal vicarious liability, ...