Category: Criminal Procedure

  • Prosecution

    Prosecution in United States Prosecution Definition The conducting or carrying forward of a judicial proceeding. The means adopted to bring a supposed offender against the criminal law to punishment by due course of law. (1) Prosecution in International Law and the Laws of War The President […]

  • Affirmative Defense

    Affirmative Defense in the United States A response to a criminal accusation that involves more than denial of the charge. An affirmative defense introduces new elements that provide an excuse for the criminal conduct. Among the more common affirmative defenses are insanity, necessity, duress, […]

  • Diminished Capacity

    Diminished Capacity in the United States Insanity and Diminished Capacity Leading Case Law Among the main judicial decisions on this topic: Kansas v. Crane Information about this important court opinion is available in this American legal Encyclopedia. References See Also Criminal Law […]

  • Due Process Of Law

    Due Process of Law in the United States Legal concept representing the normal and regular administration of law. Due process is founded on the principle that government may not act arbitrarily or capriciously. It means that government may only act in ways established by law and under such […]

  • Due Process Of Law

    Due Process of Law in the United States Legal concept representing the normal and regular administration of law. Due process is founded on the principle that government may not act arbitrarily or capriciously. It means that government may only act in ways established by law and under such […]

  • Information

    Information in the United States An accusation made by a prosecuting attorney before a court. The information is offered under oath and supports the charges with at least probable cause level evidence. The information is used in almost every state for misdemeanors, but more than half the […]

  • Information

    Information in the United States An accusation made by a prosecuting attorney before a court. The information is offered under oath and supports the charges with at least probable cause level evidence. The information is used in almost every state for misdemeanors, but more than half the […]

  • Punishment

    Punishment in United States Punishment Definition In criminal law. Some pain or penalty warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. […]

  • Punishment

    Punishment in United States Punishment Definition In criminal law. Some pain or penalty warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court. […]

  • Mistrial

    Mistrial in the United States A trial ended before it arrives at a conclusion. A mistrial occurs in the wake of an extraordinary situation. A mistrial may be declared, for example, because one or more of the jurors cannot continue. More often, a mistrial occurs because of a prejudicial error […]

  • Parole

    Parole in the United States Release of a prisoner prior to the end of a criminal sentence. The release of a prisoner on parole is conditional. The person is supervised during the release period by a parole officer. Failure to conform to the conditions of parole results in its revocation and […]

  • White-Collar Crime

    White-Collar Crime in the United States History The Sentencing Guidelines for Organizations (U.S. Sentencing Guidelines, Chapter Eight), enacted on September 1, 1991, constituted a turning point in the treatment of white-collar crime in the nation. The U.S. Sentencing Commission is a […]

  • White-Collar Crime

    White-Collar Crime in the United States History The Sentencing Guidelines for Organizations (U.S. Sentencing Guidelines, Chapter Eight), enacted on September 1, 1991, constituted a turning point in the treatment of white-collar crime in the nation. The U.S. Sentencing Commission is a […]

  • Parole Officer

    Parole Officer in the United States Catch and Release PAROLE AS WE KNOW IT HAS FEW DEFENDERS. Beleaguered parole officers complain that heavy caseloads render meaningful supervision impossible, forcing them to make do with hectoring lectures and spot curfew checks. Their charges bridle at […]

  • Parole Officer

    Parole Officer in the United States Catch and Release PAROLE AS WE KNOW IT HAS FEW DEFENDERS. Beleaguered parole officers complain that heavy caseloads render meaningful supervision impossible, forcing them to make do with hectoring lectures and spot curfew checks. Their charges bridle at […]