Топ-100 ⓘ Free online encyclopedia. Did you know? page 359

ⓘ Free online encyclopedia. Did you know? 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, ...

                                               

Corpus delicti

Corpus delicti is a term from Western jurisprudence referring to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime. For example, a person cannot be tried for larceny unless it can ...

                                               

Corrections

In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervi ...

                                               

Credible witness

In the law of evidence, a credible witness is a person making testimony in a court or other tribunal, or acting otherwise as a witness, whose credibility is unimpeachable. A witness may have more or less credibility, or no credibility at all. In ...

                                               

Crimes Act

Crimes Act is a stock short title used for legislation in Australia, New Zealand and the United States, relating to the criminal law. It tends to be used for Acts which consolidate or codify the whole of the criminal law. The Bill for an Act with ...

                                               

Crimes Act 1958

                                               

Criminal accusation

A criminal accusation is the process of declaring ones belief in anothers liability for that others criminal action. A criminal accusation may be informally made through a declaration made to the public at large or by the filing of a formal accus ...

                                               

Criminal appeal

A criminal appeal was a procedure in English law to bring about the prosecution of an individual accused of some crime. A private individual would accuse another of a crime, without the need for proceedings to be brought by the crown. It possibly ...

                                               

Criminal costs

Criminal costs are financial penalties awarded against convicted criminals, in addition to the sentence they receive, in recognition of the costs of the court in bringing the prosecution.

                                               

Criminal jurisdiction

Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulat ...

                                               

Criminal libel

Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used. It is an alternative name for the common law offence which is also known in order to ...

                                               

Criminal negligence

In criminal law, criminal negligence is a surrogate mens rea required to constitute a conventional as opposed to strict liability offense. It is not, strictly speaking, a mens rea because it refers to an objective standard of behaviour expected o ...

                                               

Criminal-justice financial obligations in the United States

In the United States, criminal justice financial obligations, alternatively monetary sanctions or legal financial obligations, refers to costs paid by individuals as a result of their involvement in the criminal justice system. CJFOs consist of f ...

                                               

Culprit

A culprit, under English law properly the prisoner at the bar, is one accused of a crime. The term is used, generally, of one guilty of an offence. In origin the word is a combination of two Anglo-French legal words, culpable: guilty, and prit or ...

                                               

Day-fine

A day-fine, day fine, unit fine or structured fine is a unit of fine payment that, above a minimum fine, is based on the offenders daily personal income. A crime is punished with incarceration for a determined number of days, or with fines. As in ...

                                               

Deferred sentence

A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing t ...

                                               

Deific-decree

The deific decree delusion is a defense in a criminal case in which a person committed a crime in the belief that God ordered them to do it. It is an example of a command hallucination. The perpetrator is legally insane because they are incapable ...

                                               

Denunciation (penology)

Denunciation in the context of sentencing philosophy demonstrates the disapproval of an act by society expressed by the imposition of a punishment. The purpose of denunciation is not so much to punish the offender but to demonstrate to law-abidin ...

                                               

Detainer

Detainer ; originally in British law, the act of keeping a person against his will, or the wrongful keeping of a persons goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a per ...

                                               

Detention (imprisonment)

Detention is the process whereby a state or private citizen lawfully holds a person by removing his or her freedom or liberty at that time. This can be due to criminal charges preferred against the individual pursuant to a prosecution or to prote ...

                                               

Discretion

Discretion has the meaning of acting on ones own authority and judgement. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it po ...

                                               

Diversion program

A diversion program in the criminal justice system is a form of sentence in which the criminal offender joins a rehabilitation program, which will help remedy the behavior leading to the original arrest, allow the offender to avoid conviction and ...

                                               

State's Attorney Office of the Republic of Croatia

States Attorney Office of the Republic of Croatia is an autonomous and independent judicial body empowered and duty-bound to instigate prosecution of perpetrators of criminal and other penal offences, to initiate legal measures to protect the pro ...

                                               

Duplicity (law)

Duplicity is the error committed when the charge on an indictment describes two different offences. An indictment may contain more than one count, but each count must allege only one offence, so that the defendant and the jury can know precisely ...

                                               

Duty to rescue

A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being re ...

                                               

Eurodac

European Dactyloscopy is the European Union fingerprint database for identifying asylum seekers and irregular border-crossers. Asylum applicants and irregular border-crossers over the age of 14 have their fingerprints taken as a matter of EU law. ...

                                               

Evidence-based prosecution

Evidence-based prosecution refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim. It is widely practiced within the American legal system by special ...

                                               

Exculpatory evidence

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including t ...

                                               

Extradition

Extradition is an act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. It is a cooperative law enforcement process between the two jurisdictions and depend ...

                                               

Extrajudicial punishment

Extrajudicial punishment is punishment for an alleged crime or offense carried out without legal process or supervision from a court or tribunal through a legal proceeding. Such actions are carried out by state actors.

                                               

Eye for an eye

"An eye for an eye" or the law of retaliation is the principle that a person who has injured another person is to be penalized to a similar degree, and the person inflicting such punishment should be the injured party. In softer interpretations, ...

                                               

False allegation of child sexual abuse

A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the a ...

                                               

False arrest

False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arr ...

                                               

Feigned madness

Feigned madness is a phrase used in popular culture to describe the assumption of a mental disorder for the purposes of evasion, deceit or the diversion of suspicion. In some cases, feigned madness may be a strategy - in the case of court jesters ...

                                               

Fleeing felon rule

At common law, the fleeing felon rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight.

                                               

Forensic psychiatry

Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiat ...

                                               

Frontier justice

Frontier justice is extrajudicial punishment that is motivated by the nonexistence of law and order or dissatisfaction with justice. The phrase can also be used to describe a prejudiced judge. Lynching and gunfighting are considered forms of fron ...

                                               

Gravamen

Gravamen, a complaint or grievance, the ground of a legal action, and particularly the more serious part of a charge against an accused person. In legal terms, it is the essential element of a lawsuit. In English the term is used chiefly in legal ...

                                               

Habitual offender

A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was previously convicted of a crime. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enha ...

                                               

Half-proof

Half-proof was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such e ...

                                               

Halfway house

A halfway house is an institution that allows people with physical, mental, and emotional disabilities, or those with criminal backgrounds, to learn the necessary skills to re-integrate into society and better support and care for themselves. As ...

                                               

Hopkinson v Police

Hopkinson v Police was a successful appeal by a protester convicted for the offence of burning the New Zealand flag with the intention of dishonouring it. The case is notable because of the High Courts interpretation of the Flags, Emblems, and Na ...

                                               

Human shields (law)

Human shields may be civilians used against their will to deter attacks on military targets during an international armed conflict or they may be civilians who voluntarily protect either military or civilian targets from attack. The use of human ...

                                               

Hybrid offence

A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indi ...

                                               

Ignorantia juris non excusat

Ignorantia juris non excusat or ignorantia legis neminem excusat is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content. European-law countr ...

                                               

Immigration detention

Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to grant ...

                                               

Imperfect self-defense

Imperfect self-defense is a common law doctrine recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the ho ...

                                               

Implied consent

Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a persons actions and the facts and circumstances of a particular situation. The term is most commonly encountered in the context of United St ...

                                               

Impossibility defense

An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defen ...

                                               

Incapacitation (penology)

Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and p ...

                                               

Incitement

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may ...

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