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Process Crime
In United States criminal procedure terminology, a process crime is an offense against the judicial process. These crimes include failure to appear, false statements, obstruction of justice, contempt of court and perjury. Process crimes are sometimes a basis for a "pretextual prosecution", in which prosecutors bring process crime charges against a defendant in order to punish them for another crime for which a conviction is more difficult to obtain. Definition Process crimes are the offenses that "interfere with the procedures and administration of justice". They are prosecuted because they are considered to harm the public interest in the functioning and integrity of the judicial system. There is a broad range of process crimes, covered in the U.S. by a variety of federal and state laws. The five "archetypal" process charges are failure to appear, false statements, obstruction of justice, contempt of court and perjury. Persons who do not cooperate with an arrest may be c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many 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 beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgetown Law Journal
''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered at Georgetown University Law Center in Washington, D.C., and has published more than 500 issues since its inception, as well as the widely used ''Annual Review of Criminal Procedure'' (ARCP), a comprehensive practitioner's guide to criminal procedure. The ''Journal'' is currently, and always has been, run by law students. History Volume 1, Issue 1 was published in November 1912, under the supervision of Editor-in-Chief Eugene Quay. At the time, an annual subscription to the new Journal cost one dollar. The first article was titled “The 125th Anniversary of the Drafting of the Constitution of the United States.” In a three-paragraph statement of purpose, the editors of the new Journal proclaimed: Membership Today, the ''Journal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Abuse
Domestic violence is violence that occurs in a domestic setting, such as in a marriage or cohabitation. In a broader sense, abuse including nonphysical abuse in such settings is called domestic abuse. The term "domestic violence" is often used as a synonym for "intimate partner violence", which is committed by one of the people in an intimate relationship against the other, and can take place in relationships or between former spouses or partners. In a broader sense, the term can also refer to violence against one's family members; such as children, siblings or parents. Forms of domestic abuse include physical, verbal, emotional, financial, religious, reproductive and sexual. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes. In civil law systems, such provisions are typically part of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, modern examples include grand juries in the United States, and to a lesser extent, Liberia. In Japan, there are citizen Prosecutorial Review Committees which review cases that have been dropped by the prosecution, but they are not required for an indictment like in the previous two. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tax Evasion
Tax evasion or tax fraud is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxpayer's tax liability, and it includes dishonest tax reporting, declaring less income, profits or gains than the amounts actually earned, overstating deductions, bribing authorities and hiding money in secret locations. Tax evasion is an activity commonly associated with the informal economy. One measure of the extent of tax evasion (the "tax gap") is the amount of unreported income, which is the difference between the amount of income that the tax authority requests be reported and the actual amount reported. In contrast, tax avoidance is the legal use of tax laws to reduce one's tax burden. Both tax evasion and tax avoidance can be viewed as forms of tax noncompliance, as they describe a range of activities that intend to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al Capone
Alphonse Gabriel Capone ( ; ; January 17, 1899 – January 25, 1947), sometimes known by the nickname "Scarface", was an American organized crime, gangster and businessman who attained notoriety during the Prohibition era as the co-founder and boss of the Chicago Outfit from 1925 to 1931. His seven-year reign as a crime boss ended when he was imprisoned at the age of 33. Capone was born in New York City in 1899 to Italian Americans, Italian immigrants. He joined the Five Points Gang as a teenager and became a bouncer in organized crime premises such as brothels. In his early twenties, Capone moved to Chicago and became a bodyguard of Johnny Torrio, head of a criminal syndicate that rum-running, illegally supplied alcohol—the forerunner of the Outfit—and was politically protected through the Unione Siciliana. A conflict with the North Side Gang was instrumental in Capone's rise and fall. Torrio went into retirement after North Side gunmen almost killed him, handing c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resisting Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be Interrogation, questioned further or Criminal charge, charged. An arrest is a procedure in a Criminal justice, criminal justice system, sometimes it is also done after a Arrest warrant, court warrant for the arrest. Police and various other officers have power of arrest, powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have Guilt (law), committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
