Criminal Case at Legal Glossary What is it? A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
Law Definition Added By: Camryn ...
criminal case - A case brought by the government against a person accused of committing a crime.
criminal insanity - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.
CRIMINAL CASE -- A lawsuit is called a criminal case when it is between the People of the State of Michigan on one side as plaintiff, ...
In criminal cases, the personal presence of the accused is often necessary.
In criminal cases the defense made during the trial that the accuse was not aware that he/she was commiting a crime as he/she was of unsound mind and because of this defect he was not able to judge that the act was illegal.
In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the plaintiff or for the defendant.
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In criminal cases the Supreme Court has held that the Due Process Clause guarantees every defendant the right to be presumed innocent by the trier of fact, either a judge or a jury, ...
In criminal cases, different offences may be joined in the same indictment if of the same nature, but an indictment may be quashed, at the discretion of the court, when the counts are joined in such a manner as will confound the evidence.
In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.
In criminal cases, a court hearing where the defendant is advised to the charges and asked to plead guilty or not guilty
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Arguendo ...
In criminal cases the right to recover the expenses of prosecution or defence from public funds or the opposite party depends wholly on statute.
In criminal cases, witnesses make statements in a format defined by law.
In criminal cases, the offense must be proven beyond a reasonable doubt.
In civil cases, a mere preponderance of the evidence.(more likely than not). \ ...
In most criminal cases the charge is first considered by a grand jury with 12 to 23 members. It hears witnesses against the accused, and if 12 jurors believe that there is sufficient evidence to prosecute, an indictment or the like is presented.
In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion.
Plea: in a criminal case, the defendant's statement pleading guilty or not guilty in answer to charges presented.
For example, if a criminal case has a very high media profile in a particular city, the "venue" may change to another town to ensure objective witnesses (i.e. that would not have been spoiled by media speculation on the crime).
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution.
DEFENDANT: In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
DEFINED BENEFIT PLAN: A type of retirement plan that specifies how much in benefits it will pay out to a retiree.
Capital Case: A criminal case in which death sentence may be imposed.
Defendant: In a criminal case, the person accused of the crime.
Deposition: An oral statement made before an officer authorized by law to administer oaths.
With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit.
Expanded Legal Definition of Preliminary InquiryPresumption of Innocence A legal presumption that benefits a defendant in a criminal case and which results in acquittal in the event that the prosecutor does not prove guilt beyond a reasonable ...
In criminal cases the standard of proof is much more difficult to meet.
In criminal cases a change of venue will be permitted if for example the court feels that the defendant cannot receive a fair trial in a given venue because of prejudice.
Plea Bargain (Resolution Discussions)Negotiated agreement between a prosecutor and an accused, including his or her lawyer, to settle a criminal case that is presented to a judge for their consideration and decision.
" Means basically the same as "bail" on criminal cases; contract to pay; security. A contract to pay when another person defaults - a surety. A contract to act as surety and to pay where the principal defaults.
" A peculiar rule, used mostly in criminal cases, which allows hearsay if the statement is made during the excitement of the litigated event. For example, the words "stick 'em up! ...
In criminal cases, a plea of "not guilty by reason of insanity" will require a trial on the issue of the defendant's insanity (or sanity) at the time the crime was committed.
often attrib 1 a : the railing in a courtroom that encloses the area around the judge where prisoners are stationed in criminal cases or where the business of the court is transacted in civil cases
compare bench dock jury box stand ...
In criminal cases, as every person is presumed to be innocent until the contrary is proved, the burden of proof rests on the prosecutor to prove each and every element of the charges.
Drunk Driving: A general reference to those criminal cases that are called DUI, DWI, OUI, OWI, DUII, DWAI, or other acronyms.
Grand Jury - An independent jury who reviews complaints and accusations in criminal cases filed by prosecutors to see if there is probable cause or reason to believe a crime was committed by the particular person charged and whether a jury trial ...
Beyond a Reasonable Doubt: The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution.
AIDING AND ABETTING (AGENCY) - The guilt of a person in a criminal case may be proved without evidence that he personally did every act involved in the commission of the crime charged.
The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities.
Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction. Allows the defendant to enter into a plea bargain with the state.
A criminal case, by contrast, is always brought by a governmental entity (through a federal or local prosecutor) against a defendant for a violation of a criminal statute where the penalty may be a fine or imprisonment or both.
bill of particulars In a criminal case, a written statement specifying the facts on which the prosecution intends to rely to prove the crime charged; a form of discovery in a criminal case and available to the defendant upon request.
Justices decide questions of law in civil and criminal cases on appeal.
Exceptions- Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion.
Rehearing - Another hearing of a civil or criminal case by the same court in which the case was originally heard.
For legal advise regarding Rehearing, you can contact our legal staff via phone (800) 341-2684 or email myweblawyer@aol.com .
Prosecutor A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
GRAND JURY A jury of inquiry, whose duty is to receive complaints in criminal cases, hears evidence presented only by the State in order to determine if a trial should be held, if so, a "True Bill" is returned, if not, ...
Docket Number: The number assigned by a court to a civil or criminal case. It is used to identify all court actions and it appears on all documents filed with the court in a specific case.
[Latin: the burden]. It is usually used in the context of evidence. The onus of proof in criminal cases lies with the crown. It is the prosecution that has the burden of proving beyond reasonable doubt.
From 1 October 2009, the Supreme Court of the United Kingdom assumes jurisdiction on points of law for all civil law cases in the UK and all criminal cases in England and Wales and Northern Ireland.
Appeal: A request for a case to be looked at again by a higher court. Permission is not always granted. Appeals are possible in civil cases from either the defendant or the claimant but in criminal cases only from the accused.
Criminal actions (e.g. motoring offences) are usually brought by the state. The principal function of criminal proceedings is to punish the offender. Criminal cases are tried by a magistrates' court or a crown court.
 See also: Criminal, Law, Cases, Case, Court
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