Duhaime's Criminal Law Dictionary. Duhaime's Criminal Law Dictionary.
Criminal Law is that body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. This dictionary is a listing of the criminal law terms present in our main Legal Dictionary. Abduction. To take someone away from a place without that person's consent, or by fraud. Aberemurder. A spontaneous and gratuitous murder. Aberratio Ictus. Latin: the accidental harm to a person; e.
In bankruptcy law, to be fully absolved of former debts and the status of bankrupt. Absolute Liability. Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, if the facts had been as the accused believed them to be, would have made his act innocent.
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Abstract Instruction. An instruction given to a jury which though correct in law, is irrelevant. Abuse. Physical or nonphysical misuse or maltreatment or use or treatment so as to injure, hurt, or damage. Accessory. Persons who aid or abet the principal offender in the commission of the offence, before or after.
Accomplice. Person(s) that aids, abets, advises, or encourages the commission of the crime. Accusare Nemo Se Debet Nisi Coram Deo. Latin: no man is obliged to accusehimself except before God.
Accusation. The formal criminal charge against a person which specifies the essential ingredients in regards to the alleged offence such as time and place and the relevant reference to the criminal law allegedly breached. Accused. A person to whom a formal information containing an allegation of a criminal offence has been delivered, or a person arrested for a criminal offence.
Acquittal. A decision by a judge that a person accused of a crime is not guilty. Active Euthanasia. The taking of active measures to cut short the life of a terminally ill patient. Actus Reus. Latin: a prohibited act. Actus Reus Non Facit Reum Nisi Mens Sit Rea. Latin: conviction of a crime requires proof of a criminal act and intent. Administration of Justice.
The personnel, activity and structure of the justice system - courts and police - in the detection, investigation, apprehension, interviewing and trial of persons suspected of crime. Gale Subwoofer Manuals. Ad Quaestionem Facti Non Respondent Judices, Ad Quaestionem Juris Non Respondent Juratores. Latin: The judge instructs on points of law and the jury decides matters of fact.
Affray. A fight between two or more persons in a public place so as to cause terror to the public. Aggression. Unjustified use of force against the territorial integrity of another state.
Air of Reality Test. A pre- requisite test against which a proposed defence to a criminal charge is weighed; that any proposed defence must at least have an evidential foundation. Alibi. A defence to a criminal charge to the effect that the accused was elsewhere than at the scene of the alleged crime. Alternative Measures.
Canada; a much lighter disposition of a criminal charge regarding an adult accused who would be prepared to plead guilty and which does not result in a criminal record or incarceration but instead usually results in a mild penalty such as community service, an apology to the victim or counseling. Amnesty. A general pardon extended by the government to those persons facing prosecution for, or convicted of specified criminal offences. Animus Furandi. Latin: an intent to do wrong. Antisocial Personality Disorder. A pervasive pattern of disregard for and violation of the rights of others. Apostacy. The ancient criminal offence of atheism or not being Christian, or of denying the doctrines of a state religion.
Approver. A person who confesses a felony and confesses an accomplice. Arbuckle Rights. The right of an accused to be sentenced by the judge who took his guilty plea. Armed Robbery. Robbery committed while the person accused is armed with a dangerous weapon.
Arraignment. The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty. Arrest. The detainment or restraint of a person or thing for the purposes of determining legal rights as regards a thing, or suspicion of criminal activity as regards a person.
Arson. The intentional setting of a fire to a building. Assault. The touching of another person with an intent to harm, without that person's consent. Assisted Suicide. An attempt to take one's own life with the intentional assistance of another person. Attaint of Blood. The additional personal penalties imposed on the estate of an individual convicted of high treason.
Automatism. An act done by a person who is not conscious of what he is doing. Autrefois Acquit. Previously acquitted; an accused cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. Bail. The pledge of cash or property to secure the release of a thing or person which would otherwise be held in custody.
Bailiff. A person acting with legal authority in the seizure of personal property; and, also, the official in each courtroom who attends to security within. Barrator. A person who, on more than one occasion, incites litigation or spreads false rumours. Barratry. An intentional wrongful act committed by the crew or master of a ship to the prejudice of the owner or the charterer. Battered Woman Syndrome. A species of self- defence to manslaughter or murder in which expert evidence is led to demonstrate that a female defendant in an abusive relationship comes to believe that to save herself she must kill her husband first.
Battering Cycle. A three- phase cycle of violent behavior within a spousal relationship. Battery. Offensive and intentional contact, direct or indirect, which causes injury. Bawdy House. A brothel; an establishment of ill repute - within which occur acts of prostitution or lewd sex. Bench. A judge in court session. Bigamy. Being married to more than one person at the same time; a criminal offence in most jurisdictions. Bill of Attainder. Conviction and sentence to death directly by statute, as opposed to resulting from trial.
Blackmail. The obtaining or attempting to obtain something by the use of threats. Blasphemy. The scurrilous, deriding or intemperate expression of dissent or criticism of God or a state's official religion. Blue Ribbon Jury.
A jury consisting of highly qualified persons. Bootlegging. The making of an unauthorized copy of a commercially unreleased performance. Booze Can. An establishment wherein liquor is sold without a permit and after legal bar hours. Brady Rule. The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment. Break and Enter. A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft. Breathalyzer. A device which records alcohol impairment. Bribery. A secret payment to a public officer in exchange for preferential treatment.
Buggery. Synonymous with sodomy and referring to 'unnatural' sex acts, including copulation, either between two persons of the same sex or between a person and an animal. Bullying. Repeated, persistent and aggressive behaviour intended to cause fear, distress, or harm to another person's body, emotions, self- esteem or reputation. Burden of Proof. A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. Burglary. Breaking and entering a residence for the intention of committing a crime or while lawfully within, commit a crime and to thereafter break out. Capital Offence. A criminal offence for which the punishment, or one of the punishments, is death, capital punishment.
Capital Punishment. The most severe of all sentences: that of death. Carrier's Case. A monumental 1.