Tag: Criminal Judicial Process
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Indictment
Indictment in the United States A formal accusation brought by a grand jury. If a grand jury decides by a majority vote to return a true bill; an indictment is issued after consideration of evidence presented by a prosecutor. A true bill represents a grand jury finding that the prosecutor has […]
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Nolle Prosequi
Nolle Prosequi in the United States A prosecutorial decision not to continue a criminal case. Nolle prosequi, often referred to as nolle or nol pros, is a formal entry on the record dismissing a charge against a defendant. See Also Attrition (Criminal Process) Charge (Criminal Process) Plea […]
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Stay
Stay in the United States A formal stopping of a judicial proceeding or some other process. A stay is put into effect by an order from a court. The stay holds the status quo until some specified action occurs. Stays differ from recesses and continuances, which are simply short or long-term […]
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Stay
Stay in the United States A formal stopping of a judicial proceeding or some other process. A stay is put into effect by an order from a court. The stay holds the status quo until some specified action occurs. Stays differ from recesses and continuances, which are simply short or long-term […]
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Insanity Defense
Insanity Defense in the United States Assertion that mental disease excuses a criminal act. The insanity defense is built on the concept of criminal intent or mens rea, the guilty mind. Persons who are mentally ill, under terms of this defense, cannot be held accountable for their behavior […]
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Insanity Defense
Insanity Defense in the United States Assertion that mental disease excuses a criminal act. The insanity defense is built on the concept of criminal intent or mens rea, the guilty mind. Persons who are mentally ill, under terms of this defense, cannot be held accountable for their behavior […]
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Probable Cause
Probable Cause in the United States Standard of evidence used to assess various governmental actions in criminal matters. Probable cause is a level of evidence required to convince a judicial officer to issue an arrest or search warrant or bind a case over for trial. The level of evidence […]
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Probable Cause
Probable Cause in the United States Standard of evidence used to assess various governmental actions in criminal matters. Probable cause is a level of evidence required to convince a judicial officer to issue an arrest or search warrant or bind a case over for trial. The level of evidence […]
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Misdemeanor
Misdemeanor in the United States A misdemeanor is a relatively minor criminal offense. Misdemeanors are generally punished by fine, but can involve detention at a county jail for up to one year. Misdemeanors are defined by each state and will vary somewhat. Some states choose to create […]
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Cruel And Unusual Punishment
Cruel and Unusual Punishment in the United States A criminal penalty prohibited by the Eighth Amendment. Cruel and unusual punishment standards have been drawn from evolving standards of decency. The status of a particular punishment may change as society’s values change. …(T)he Supreme […]
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Subpoena
Subpoena in the United States An order that commands a person to appear at a particular time and place to offer testimony. Subpoenas are most likely to be issued by courts and grand juries, but may also come from legislative bodies or independent commissions. A subpoena duces tecum is a […]
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Subpoena
Subpoena in the United States An order that commands a person to appear at a particular time and place to offer testimony. Subpoenas are most likely to be issued by courts and grand juries, but may also come from legislative bodies or independent commissions. A subpoena duces tecum is a […]
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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, […]
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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 […]
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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 […]