Criminal Law Terms
Dr. Eric Engle, LL.M.
Pre-Trial: Search and Seizure
Evidence = Methods of proof of facts
There must be a reason for search or seizure
Probable Cause to believe a crime has been committed and that this person or place has evidence of that crime.
Consent
Evidence: EVERYTHING in law comes down to proof! Evidence!
Affidavit
Signed
Notarized
Witnessed
Interrogatory
Admissible Evidence
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Indictment
Once you have evidence you may:
Indict; Indictment which leads to the
Arraignment and the judge may set
Bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Rights of the Accused
After the indictment the defendant has the rights of the accused
Right to a speedy trial
Right to know the accusation
Right to know the accuser
Right to a public trial
Right to self defense
Right against self incrimination
Trial Procedures
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Trial
Direct Examination
Cross Examination
Jury
Appeals
After conviction the defendant may Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal.
Types of Offences
Elements of Any Crime:
Mens Rea – Culpable Mentality: Must have Criminal Capacity (be an adult, sane, not senile)
Specific Intent: Intend the Outcome
General Intent: Intend the Act
Strict Liability: Intent irrelevant
Actus Reus: The criminal act
Violation
Not a crime
Misdemeanor
<1 year in prison
Felony
>1 year in prison
Crimes Against the Person
Crimes against the person are generally punished more harshly than crimes against property.
Attempt
Assault
Battery
Rape
Robbery
Burglary (breaking and entering)
Rape
Manslaughter
Murder
Crimes Against Property
Financial Crimes
Bribery
Embezzlement
Extortion
Fraud
Forgery
Market Manipulation
Insider Trading
Tax Fraud
Inchoate Offences
Conspiracy – Agreement to commit a crime plus an overt act in furtherance of the conspiracy
Attempt
Complicity
Accomplice Liability
Accessory
Accomplice
Complicity – Aiding and Abetting
Misprision
Solicitation
Incitation
Sentencing
Aggravating Circumstances
Justification
Excuse
Warrant
Literally, reason, justification.
Search Warrant
An order from a court authorizing a search. Requires probable cause.
A warranted search is presumed legal.
Extradition: The transfer of a prisoner from one country to another usually under the terms of an extradition treaty. Some countries do not permit extradition of their citizens.
Treaty: A legally binding agreement between two states. Bilateral.
Convention: A multilateral treaty between three or more states.
Presumption / Legal Presumption
A default rule which resolves a doubtful case. If a person has a burden of proof and does not make their proof then the presumption applies and determines the case.
Example: one is presumed innocent until proven guilty. If the state does not
Burden of Proof
The burden which is placed on a person to prove a fact or point of law. Normally actor incombit probandi - the person making a claim must also prove it.
Burden of Persuasion
The standard of proof which must be met. In civil cases it is "more likely than not". In criminal cases the standard of proof is "beyond reasonable doubt"
Question of fact: in common law is determined by the jury
Question of law: in common law and civil law is determined by the judge
Probable Cause
Determination that it is likely that a crime has occurred and/or that there will be evidence of that crime at a certain location or on a certain person.
Arrest Warrant
An order from a court authorizing arrest of a person. Requires probable cause.
European Arrest Warrant: A European warrant to arrest a person anywhere in the EU the person is found.
Unteruchungshaft / Garde a vue / Arrest and Pre-trial detention
The detention prior to trial of the person accused of a crime.
Immunized Testimony
Use Immunity
Transaction Immunity
Hearsay evidence: an out of court statement introduced at trial to prove the truth of the statement made out of court. Generally inadmissible in common law. Numerous exceptions.
Authentication of a document: the proof that a given document is in fact what it purports to be. E.g. that it is the pesons signature etc. That the document is true and accurate.
Best Evidence Rule: Goes to admissibility, not to weight of evidence. If an original is available an original is preferable to a copy.
Ex post facto Law / Rueckwirkung - not the same as vagueness or overbreadth
Nul crimen sine lege preavia - vagueness, overbreadth
The vague law is not clear what conduct is illegal
The overbroad law captures conduct which is in itself lawful
Mala in se
Mala prohibita
Outlaw: deprivation of legal personality.
QUIZ FROM LAST TIME
Bail / Bail Bond
Negligent Tort
Intentional Tort
Strict Liability
Chain of Custody
Privilege against self incrimination
General Intent
Specific Intent
Inchoate Offenses
Attempt
Conspiracy
Financial Crimes
Counterfeit ($)
Forgery (any legal document)
Fraud
Stock Fraud (Insider Trading
Market Manipulation
Bust Out
Pump and Dump
Churning
Pyramid scheme
Dr. Eric Engle, LL.M.
Pre-Trial: Search and Seizure
Evidence = Methods of proof of facts
There must be a reason for search or seizure
Probable Cause to believe a crime has been committed and that this person or place has evidence of that crime.
Consent
Evidence: EVERYTHING in law comes down to proof! Evidence!
Affidavit
Signed
Notarized
Witnessed
Interrogatory
Admissible Evidence
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Indictment
Once you have evidence you may:
Indict; Indictment which leads to the
Arraignment and the judge may set
Bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Rights of the Accused
After the indictment the defendant has the rights of the accused
Right to a speedy trial
Right to know the accusation
Right to know the accuser
Right to a public trial
Right to self defense
Right against self incrimination
Trial Procedures
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Trial
Direct Examination
Cross Examination
Jury
Appeals
After conviction the defendant may Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal.
Types of Offences
Elements of Any Crime:
Mens Rea – Culpable Mentality: Must have Criminal Capacity (be an adult, sane, not senile)
Specific Intent: Intend the Outcome
General Intent: Intend the Act
Strict Liability: Intent irrelevant
Actus Reus: The criminal act
Violation
Not a crime
Misdemeanor
<1 year in prison
Felony
>1 year in prison
Crimes Against the Person
Crimes against the person are generally punished more harshly than crimes against property.
Attempt
Assault
Battery
Rape
Robbery
Burglary (breaking and entering)
Rape
Manslaughter
Murder
Crimes Against Property
Financial Crimes
Bribery
Embezzlement
Extortion
Fraud
Forgery
Market Manipulation
Insider Trading
Tax Fraud
Inchoate Offences
Conspiracy – Agreement to commit a crime plus an overt act in furtherance of the conspiracy
Attempt
Complicity
Accomplice Liability
Accessory
Accomplice
Complicity – Aiding and Abetting
Misprision
Solicitation
Incitation
Sentencing
Aggravating Circumstances
Justification
Excuse
Warrant
Literally, reason, justification.
Search Warrant
An order from a court authorizing a search. Requires probable cause.
A warranted search is presumed legal.
Extradition: The transfer of a prisoner from one country to another usually under the terms of an extradition treaty. Some countries do not permit extradition of their citizens.
Treaty: A legally binding agreement between two states. Bilateral.
Convention: A multilateral treaty between three or more states.
Presumption / Legal Presumption
A default rule which resolves a doubtful case. If a person has a burden of proof and does not make their proof then the presumption applies and determines the case.
Example: one is presumed innocent until proven guilty. If the state does not
Burden of Proof
The burden which is placed on a person to prove a fact or point of law. Normally actor incombit probandi - the person making a claim must also prove it.
Burden of Persuasion
The standard of proof which must be met. In civil cases it is "more likely than not". In criminal cases the standard of proof is "beyond reasonable doubt"
Question of fact: in common law is determined by the jury
Question of law: in common law and civil law is determined by the judge
Probable Cause
Determination that it is likely that a crime has occurred and/or that there will be evidence of that crime at a certain location or on a certain person.
Arrest Warrant
An order from a court authorizing arrest of a person. Requires probable cause.
European Arrest Warrant: A European warrant to arrest a person anywhere in the EU the person is found.
Unteruchungshaft / Garde a vue / Arrest and Pre-trial detention
The detention prior to trial of the person accused of a crime.
Immunized Testimony
Use Immunity
Transaction Immunity
Hearsay evidence: an out of court statement introduced at trial to prove the truth of the statement made out of court. Generally inadmissible in common law. Numerous exceptions.
Authentication of a document: the proof that a given document is in fact what it purports to be. E.g. that it is the pesons signature etc. That the document is true and accurate.
Best Evidence Rule: Goes to admissibility, not to weight of evidence. If an original is available an original is preferable to a copy.
Ex post facto Law / Rueckwirkung - not the same as vagueness or overbreadth
Nul crimen sine lege preavia - vagueness, overbreadth
The vague law is not clear what conduct is illegal
The overbroad law captures conduct which is in itself lawful
Mala in se
Mala prohibita
Outlaw: deprivation of legal personality.
QUIZ FROM LAST TIME
Bail / Bail Bond
Negligent Tort
Intentional Tort
Strict Liability
Chain of Custody
Privilege against self incrimination
General Intent
Specific Intent
Inchoate Offenses
Attempt
Conspiracy
Financial Crimes
Forgery (any legal document)
Fraud
Stock Fraud (Insider Trading
Market Manipulation
Bust Out
Pump and Dump
Churning
Pyramid scheme
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