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Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. Image File history File links Scale_of_justice. ...
An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ...
A search warrant is a written warrant issued by a judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense. ...
In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ...
A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ...
An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ...
I love this law whereby police, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ...
The Chicago Police Department arrests a man A protester is arrested during a demonstration. ...
The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ...
The Miranda warning is a police warning that must be given to criminal suspects in police custody in the United States before they can be asked questions relating to the commission of crimes. ...
A grand jury is a type of common law jury responsible for investigating alleged crimes, examining evidence, and issuing indictments if they believe that there is enough evidence for a trial to proceed. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A statute of limitations is a statute in a common law legal system setting forth the maximum period of time, after certain events, that legal proceedings based on those events may begin. ...
A bill of attainder (also known as an act or writ of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ...
An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ...
Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ...
Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
To meet Wikipedias quality standards, this article may require cleanup. ...
Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ...
In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ...
In both criminal and civil trials in the United States, a plea of nolo contendere means that the defendant neither admits nor disputes the charge. ...
A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...
Headline text The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. ...
The Right to a fair trial is an essential right in all countries respecting the rule of law. ...
Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. ...
A jury trial is a trial in which the judge of the facts, as opposed to the judge of the law, is a jury, made up of citizens who are usually randomly selected and are generally not legal professionals. ...
In criminal law, the right to a speedy trial can be used as either a procedural defense or a substantive defense in which a defendant argues that they should not be held criminally liable for actions which broke the law, because the prosecuting attorney failed to bring the case to...
For other uses, see Habeas corpus (disambiguation). ...
The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ...
In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is not admissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial). ...
It has been suggested that this article or section be merged with Right to silence. ...
Double jeopardy (also called autrefois acquit meaning already acquitted) is a procedural defense (and, in many countries such as the United States, Canada and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ...
In law, a verdict indicates the judgment of a case before a court of law. ...
In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...
In criminal law, an acquittal is the legal result of a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict of guilty being entered against the accused. ...
A mandatory sentence is a judicial decision setting the punishment to be inflicted on a person convicted of a crime where judicial discretion is limited by law. ...
A suspended sentence is a legal construct. ...
Parole can have different meanings depending on the context. ...
Probation is the suspension of a prison or jail sentence - the criminal who is on probation has been convicted of a crime, but instead of serving prison time, has been found by the Court to be amenable to probation and will be returned to the community for a period in...
Under British criminal law, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. ...
Life licence is a term used in the British criminal justice system for the conditions under which a prisoner sentenced to life in jail may be released. ...
In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ...
The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by William of Orange and Queen Mary II who were then the joint rulers of England following the Glorious Revolution of 1688. ...
Capital punishment, or the death penalty, is the execution of a convicted criminal by the State as punishment for crimes known as capital crimes or capital offenses. ...
An execution warrant is a warrant which authorizes the execution or capital punishment of an individual. ...
Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
The law of evidence governs the use of testimony (e. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
Image File history File links Scale_of_justice. ...
Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...
In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ...
Concurrence or Simultaneity is a legal term, from Western jurisprudence, referring to the simultaneous occurrence of actus reus (bad action) and mens rea (bad mind), which must be present for a crime to have occurred; except in crimes of strict liability. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus...
Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law is no excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In the criminal law, corporate liability is an aspect of criminal vicarious liability and determines the extent to which a corporation as a fictitious person can be convicted of offences committed by the natural persons it employs. ...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
A felony, in many common law legal systems, is the term for a very serious crime, whereas misdemeanors are considered to be less serious offenses. ...
In many common law jurisdictions (e. ...
A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ...
A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...
Infraction as a general term means a violation of a rule or local ordinance, regulation, promise, obligation, or contract. ...
A lesser included offense, in criminal law, is a crime for which all of the elements necesary to impose liability are also elements found in a more serious crime. ...
In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ...
Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ...
In the United States, larceny is a common law crime involving stealing. ...
Arsonists redirects here. ...
False pretenses is a common law crime. ...
Extortion is a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to this person, reputation, or property. ...
Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ...
Computer Crime, E-Crime, Hi-Tech Crime or Electronic Crime is committed when a computer is the target of a crime, or the means adopted to commit a crime. ...
Obstruction of justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Bribery is a crime defined by Blacks Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions as an official or other person in discharge of a public or legal duty. ...
Perjury is lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ...
An inchoate offense is a crime. ...
Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
Differences between civil law and common law systems
- The majority of civil law jurisdictions follow an inquisitorial system of adjudication, in which judges undertake an active investigation of the claims by examining the evidence and preparing reports.
- In common law systems, the trial judge, the investigators, and the prosecution are separate functions. After an investigation has been completed and charges lodged, the trial judge presides over proceedings grounded in the adversarial system of dispute resolution, where both the prosecution and the defense prepare arguments to be presented before the court. Some civil law systems have adopted adversarial procedures.
Proponents of either system tend to consider that their system defends best the rights of the innocent. There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defense with adequate rights. Conversely, there is a tendency in countries with an inquisitorial system to believe that accusatorial proceedings unduly favor rich defendants who can afford large legal teams, and are very harsh on poorer defendants. Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
To meet Wikipedias quality standards, this article may require cleanup. ...
Dispute resolution is the process of resolving disputes between parties. ...
Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. ...
Basic rights Currently, in all countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty, as opposed to having the defendant prove that he is innocent; any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, may in practice operate somewhat differently in different countries. In the 46 countries which are members of the Council of Europe, this is required by Article 6 of the European Convention on Human Rights. In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ...
Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations. ...
The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ...
The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights, was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. ...
Similarly, all such jurisdictions allow the defendant the right of a counsel and provide defendants that cannot afford to have their own lawyer some lawyer at the public expense (which is in some countries called a "court-appointed lawyer"). Again, the efficiency of this system depends greatly on the jurisdictions. In some jurisdictions, the lawyers provided to indigent defendants are often overworked or incompetent, or may not take much interest in the cases they have to defend. A counsel or a counselor gives advice, more particularly in legal matters. ...
British barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...
United States In a criminal case, the government generally brings charges in one of two ways: either by accusing a suspect directly in a "bill of information" or other similar document, or by bringing evidence before a grand jury to allow that body to determine whether the case should proceed. If there is, then the defendant is indicted. In the federal system, a case must be brought before a grand jury for indictment if it is to proceed; some states, however, do not require indictment. Once charges have been brought, the case is then brought before a petit jury, or is tried by a judge if the defense requests it. The jury is selected from a pool by the prosecution and defense. A grand jury is a type of common law jury responsible for investigating alleged crimes, examining evidence, and issuing indictments if they believe that there is enough evidence for a trial to proceed. ...
In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ...
This article is confusing for some readers, and needs to be edited for clarity. ...
The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. The prosecution presents its case first, and may call witnesses and present other evidence against the defendant. After the prosecution rests, the defense may move to dismiss the case if there is insufficient evidence, or present its case and call witnesses. All witnesses may be cross-examined by the opposing side. The defendant is not required to testify under the Fifth Amendment to the United States Constitution, but must answer the prosecution's questions if he or she does testify. After both sides have presented their cases and made closing arguments, the judge gives the jury legal instructions and they adjourn to deliberate in private. The jury must unanimously agree on a verdict of guilty or not guilty. In law, cross-examination is the interrogation of a witness called by ones opponent. ...
Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence.
After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, resentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself. Collateral consequences of criminal charges are the results of arrest, prosecution or conviction that are not part of the sentence imposed. ...
Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, forbid or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide...
Image File history File links Scale_of_justice. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ...
In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ...
In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ...
Socialist law is the official name of the legal system used in Communist states. ...
International law deals with the relationships between states, or between persons or entities in different states. ...
Statutory law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, answer a public need, to codify existing...
Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ...
A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ...
Statutory interpretation is the process of reading and applying statutory law. ...
Common Law, now often referred to as Non-statutory law is the foundation for justice in the Union States under our constitional scheme. ...
In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ...
Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz...
The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
It has been suggested that this article or section be merged into Dispute resolution. ...
To meet Wikipedias quality standards, this article may require cleanup. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
Jurisprudence is essentially the theory and philosophy of law. ...
Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ...
Legal positivism is a school of thought in modern and contemporary jurisprudence and the philosophy of law. ...
Legal formalism is a Positivist view in jurisprudence and the philosophy of law. ...
Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ...
Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ...
The study of feminist legal theory is a school thought based on the common view that laws treatment of women in relation to men has not been equal nor fair. ...
Law and economics is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ...
Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ...
Comparative law has increased enormously in importance in the present age of internationalism, economic globalisation and democratisation. ...
The following is a list of major areas of legal practice and important legal subject-matters. ...
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